Road edge in the middle of the property

  • Erstellt am 2020-06-10 13:19:31

Isokrates

2020-06-11 21:25:59
  • #1


You don't know the city well. There are no appointments for citizens. Internal administrative instruction
 

Snowy36

2020-06-11 21:50:21
  • #2
There is no citizens' consultation hour?
 

Isokrates

2020-06-11 21:59:26
  • #3


Unfortunately not. I have tried everything, but they are unfortunately being stubborn.

Now the building supervisory authority is being consulted and then we'll see. I am still optimistic that an amicable solution can be found without going to court.
 

Escroda

2020-06-12 10:49:49
  • #4

I don’t know whether that is now luck or bad luck. This constellation allows those involved to always point fingers at the others.

You have tried to clarify. Your efforts were not rewarded. Then just turn the tables.

If no one tells you the reference point and there is a solution without an exemption, then plan in accordance with the development plan and make a clearance according to Art. 58 BayBO. LRA is out of the picture, it goes faster and is cheaper.
And then the staking is done by a dilettante like the city planners seem to be, and suddenly he has built in a height error that unfortunately no one notices.
I am always a fan of official channels. But if these are unjustifiably blocked because those responsible have realized they screwed up and are now hiding behind their institutional edifice, you just have to evade.

I once read the reasoning for the development plan. It’s a joke. Short and contradictory, apparently mostly copied from the equally flawed Part 1 of the development plan (Ctrl C - Ctrl V), no references to the height determinations. The legal basis is not specified exactly at this point in the ordinance text. A lawyer would IMHO tear the thing apart.
If your architect put a little effort into the reasoning for the exemption application, I don’t know with what arguments the municipality and LRA want to reject the application.
But what is the current status? Are the building application and exemption application with the LRA? Do they have the negative opinion from the municipality? Have you been advised to withdraw the application because otherwise it would be rejected with costs?
 

Snowy36

2020-06-12 10:59:12
  • #5
For us, it was simply the case that the municipality did not want to approve any deviations for a newly designated building area, so that 10 other people wouldn't come along as well ..... we managed to get everything through with the argument that nowadays no one really wants to prevent building accessible, that is, on ground level.
 

Isokrates

2020-06-12 14:16:23
  • #6

That would have been my plan too, but the architect doesn’t want to stick his neck out so far either, in case someone ends up reviewing it after all.

But of course, it’s still annoying if you have to dig yourself in because of that.



Yes, building application including exemption application with justification, stating the relevant citations from the statute and that the existing topography of the property does not allow any construction without deviation from the development plan, was submitted to the building authority.

The building authority has made it clear to me several times that it would be best to withdraw it again so they don’t have to reject it.
They even said they don’t know whether it even has to be sent to the committee for rejection.
Furthermore, it was immediately said that the supervisory authority will not deviate from their opinion.

Now my architect first wants to try to get an appointment with the LRA; the responsible lady was only on vacation this week.

For now, I am putting my hope in the LRA.
 

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