As of: March 28, 2024, 10:00 a.m
By: Klaus Wiendl, Christina Jachert-Maier
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Christian Köck corrects statements from the Gruber Foundation. © THOMAS PLETTENBERG
Cosmetic school, refugee home or demolition? The Gruber Foundation's construction project is making ever greater waves. Mayor Christian Köck sees reason to “correct” the foundation. Plaintiff Hermann Elmering also speaks out.
Rottach-Egern
– The Gruber Foundation is in trouble. A lawsuit from neighbors has stopped the construction of the half-finished seminar building on Rottacher Reiffenstuelweg; the damage is considerable. An application to use the building as refugee accommodation seems to be a suitable way out. The chairwoman of the foundation board, Irene Bopp, responded to the reporting about this with a “correction” on the homepage (we reported). Among other things, it says that the foundation has not submitted an application to change the development plan from residential to mixed area.
A statement that Mayor Christian Köck (CSU) immediately corrected. The foundation did submit such an application, together with the application for change of use. “The lawyer made me sign an acknowledgment of receipt,” reports Köck.
“Shaking of the head and bewilderment”
The foundation's statement to the contrary caused “headshaking and bewilderment” in the town hall, said Köck. He also found the announcement that the foundation would move its headquarters if the project in Rottach-Egern failed to be “extremely strange”: “Pure blackmail.”
It should be noted that the dispute is still before the administrative court. “As long as there is no green light for the building, it is difficult to change its use.” The court may even find that the building of this size was built illegally and demand that it be dismantled. “I hope that this catastrophe does not happen to the Gruber Foundation.”
According to Köck, he would have recommended that the foundation seek dialogue with the complaining neighbor, who was certainly willing to talk: “But the foundation chose the more aggressive path.” This created a messy situation that was of no use to anyone.
Plaintiff fears for the character of the area
“We want to protect the character of this local area,” says plaintiff Hermann Elmering (81). He acts for his son Ernst Erik, who owns a house next to the Gruber building project. The area is currently zoned General Residential. “However, using it as a seminar building with constantly changing people is a commercial use for marketing purposes,” says Elmering. Two neighboring lawsuits are now pending. “But since we respect the Gruber organization, an agreement could be reached with us.” To achieve this, the character of the area must be secured.
“Gruber Foundation started construction twice too early”
The situation that has now arisen for the Gruber company was not caused by him, emphasizes Elmering. “The Gruber Foundation started construction twice too early at its own risk.” It is known that a building permit only becomes legally binding once the lawsuits filed against it have been finally decided.
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First building permit withdrawn
In the meantime, according to Elmering, there have been two court decisions positive for the plaintiffs. Incidentally, the Miesbach district office withdrew the first building permit from December 29, 2021 on March 11, and the outcome of the overall procedure is open. The legal situation now needs to be completely reconsidered, says Elmering. Furthermore, the surprising turn of events to now want to build refugee accommodation confirms the plaintiffs' demand to secure the type and quantity of use originally requested: “We were always worried that one day a change to the approved use would be requested for economic reasons. “
Both Gruber applications are now being legally examined in the town hall and are expected to be presented to the local planning committee and the local council for a vote in mid-April. Above all, the conversion into a mixed area needs to be carefully considered, says Köck: “Then everything from gas stations to fast food restaurants would be permitted.”