Questions on the interpretation of § 34 Building Code

  • Erstellt am 2019-09-02 19:45:31

rick2018

2019-09-03 17:19:32
  • #1
Please find an architect who is well connected in the community. §34 is not for laypeople without building law and community development regulations. You also need to be willing to compromise. Some things will be allowed to you, some things not. If you mess with them, you won't be able to build forever. In general, §34 offers many possibilities. However, you must present these well to the building authority.
 

Schlenk-Bär

2019-09-03 21:26:28
  • #2

Great, thank you very much. The image really helped me understand. Can the rear dark blue line still remain if the rear part of the buildings are garages and sheds (houses with no. 18, 20 and 22)? If that is the case...can that somehow be justified?
 

Schlenk-Bär

2019-09-03 21:29:23
  • #3

Yes, sounds reasonable. However, it is difficult to implement in reality. Actually, everyone says that they are fully booked for the next months / sometimes years....

Exactly my opinion. That’s why I try to gather a lot of information in order to be able to argue if necessary.
 

Escroda

2019-09-04 11:16:02
  • #4

This is highly debatable. I find it hard to believe that these buildings still count as subordinate ancillary facilities according to §14 of the Land Use Ordinance. However, if your approval authority takes this view, there is not much to argue.

Make an extensive photo documentation of all neighboring buildings and present your construction project at the appointment. Justify the location of the building structure convincingly and point out the sandwich situation with the development plan area. Then listen to the opinion of the authority staff, take notes on what they value and how they justify it. Maybe there will be no resistance at all.
 

Schlenk-Bär

2019-09-07 09:50:57
  • #5

As always, thanks! for your very helpful contributions. I am sitting here trying to coherently justify the location of the building structure. What can I say, I am not succeeding. I know it is a big request. Could you perhaps give a few keywords? I am not a professional and I really find this difficult. I can justify the location of the building structure based on our interests, but not in the sense of § 34 of the Federal Building Code. My assumption is that this paragraph is focused on the purely visual appearance, the resulting image. But from which perspective? From the street view? Then I wonder why the rear building line can be of any interest at all, because the rear part is not in the field of view. From a bird's-eye view? That actually cannot be it either, since no people should be disturbed from there. How am I supposed to coherently justify the location of the building structure when I do not even know what is actually being valued? Maybe I am just being a bit dense, but I simply have no real overview yet.

To what extent does photo documentation help me? What should I photograph and for what purpose?

Our arguments for positioning the building structure approximately 10 m from the street are: reduction of noise caused by the street; parking space for guests, since there is otherwise no possibility; space for a carport/garage, since the one planned next to the house will not be sufficient; space to turn the car on the property due to heavy traffic during rush hours; our aesthetic idea of how the house should be positioned (with additional space for flower beds).
 

ypg

2019-09-07 10:20:56
  • #6
Get an architect from your area. Otherwise, it won't work. You are wasting your chances. In my opinion, the shed demolition was also too hasty.
 
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