Especially in the outside area, municipalities are particularly strict when it comes to complying with statutes. The fact that the Peitingen municipal council is now making an exception for a house in the sand pit and thus ignoring the recommendations of the building authorities: This is because the compacting of living space has priority in the absence of building land.
Peiting - Since 2005 there has been an outdoor area statute on the outskirts of Sandgrubenstraße. Among other things, this stipulates that a maximum of two residential units are permitted per residential building. The maximum living space is 200 square meters.
Why the building in the sand pit is about 273 square meters of living space: that cannot really be explained in the town hall. At least one thing is certain: that the applicant wants to convert the existing building into an apartment building with a total of three residential units, this is actually not permitted according to the statutes.
Market builder Fabian Kreitl recently described it to the committee at the municipal council meeting. “So far, the statute provided for one exception, namely for the property on which the single-family house with 273 square meters of living space was built. Otherwise, no new buildings are permitted in the area of the statutes. ”Only conversions, additions and extensions are allowed. "The limitation of 200 square meters should still have worked with this construction project."
From Kreitl's point of view, there are several reasons why the statutes should not be changed. The area of the sand pit is only accessible through a very narrow and steep access road. Eight houses are within the scope of the statutes. If the statutes are now changed in favor of the applicant, “then every house would be entitled to expand up to three residential units. Kreitl calculates: In the worst case, that would be eight times three, i.e. 24 residential units. With two vehicles per residential unit, 48 vehicles would drive in and out daily via the access road, which was much too narrow. "Chaos is already inevitable."
There is another point for Kreitl. In terms of town planning, the lifting of the 200 square meter restriction creates "huge buildings in a sensitive area on the outskirts, which has so far been mainly characterized by beautiful nature - and should remain so in my opinion".
Market builder warns of unequal treatment
Kreitl also refers to the outdoor area statute. This stipulates that although this area is treated as an outdoor area, projects that serve living are permitted - here limited to 200 square meters of living space. The outdoor area is reserved for privileged agricultural and forestry companies. Only smaller delivery houses and subordinate residential buildings for farmers and foresters are permitted - less than 200 square meters of living space. Kreitl: “In countless cases, we discuss with farmers and other privileged building owners about the size of their building project outdoors. There, however, the 200m² limit is strictly adhered to. ”There are no real deviations. "The difficulty for the administration is now to justify this unequal treatment compared to other builders outside."
At the meeting, the local council voted in favor of granting the application and changing the statutes. Ex-Mayor Michael Asam jumped into the breach for the applicant. Due to a lack of building land, the need for living space in the village is far from being met. Here, living space can be created for young families. "If there is a possibility that the children can stay at home, then we should jump over our shadows."
While Rat Herbert Salzmann (SPD) was just as benevolent about the proposal with regard to internal compression as Norbert Merk (CSU; "We will discuss this more often in our next term when it comes to internal compression"), so did others Municipal councils concerns: "The sand pit is a sensitive area, a cul-de-sac with an access that is only three meters wide," said Andreas Barnsteiner (BVP). His parliamentary colleague Hermann Mödl even advocated the creation of a reversible hammer to simplify access for larger vehicles such as garbage trucks or oil trucks.
The applicant finally got a majority in the council. "That is the difference between administration and political decision," said Peter Ostenrieder (CSU). The administration's view was correct. "But it is also wanted that we densify again."
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