Expanded alpine hut on Spitzingsee - now the verdict is there

Created: 06/19/2022, 04:49 am

Far too much commercial use: before guests are (again) allowed to spend the night in this hut not far from the Albert Link hut, the tenant has to change his usage concept.

The administrative court sees no chance for Hasenöhrl GmbH's most recent building application.

© thomas plettenberg

It was a leisure hut for a cigarette company, then called the Stoderer-Alm and now belongs to the Hasenöhrlhof.

But the activity in the hut on the Valepper Alm was not really approved.

Now there was a lawsuit.

+++ Updated June 17th +++

Spitzingsee – As expected, the administrative court in Munich dismissed the lawsuit brought by Hasenöhrl GmbH against the ban on using their Hasenalm.

Means: The tenants have to reduce the commercially used areas (we reported).

Ultimately, it is about a larger room in the middle of the alpine hut.

As the court made clear on the spot, there is little objection to the sleeping accommodations on the upper floor (twelve beds) and the lounge with kitchen on the ground floor, especially as there is a permit from 1972 with 28 sleeping accommodations.

Frank and Bärbl Hasenöhrl took over the house three years ago, assuming that the existing use would be okay.

The fact that they are no longer able to receive guests after the district office has banned their use is a serious setback in view of the high investments in preparing the rooms.

"We finally have to make money here," said Bärbl Hasenöhrl at the court hearing.

Ultimately, she was happy about the judicial information that showed a way out.

The Hasenöhrlhof, whose main building is known to be in Geitau, wants sustainable tourism.

The very first hut rule: “We do not accept bookings that are aimed at loud parties of any kind.” Frank Hasenöhrl also underlined this.

towards the court.

Compared to earlier times, the concept should rather represent an improvement.

As the representative of the owning family conceded, there used to be no shortage of celebrations on the Valepper Alm. Nowadays, party tourism is viewed much more critically - see the discussion about the Saurüsselalm and Forsthaus Valepp, which are sometimes conducted in an irrelevant way.

According to the information on their website, the Hasenöhrls have other plans.

"We expect respectful interaction with people and nature."

+++ Original report, June 16 +++

Spitzingsee – Okay, there is this permit from 1972. It records 28 sleeping places on the upper floor.

Otherwise, however, agricultural use must be given priority.

The municipality of Schliersee continues to insist on this.

In autumn 2021, the building committee rejected use as is now envisaged (we reported).

Although there are only twelve beds left, there is not much left of agricultural use on the ground floor.

A stable that currently serves as a store, two rooms for the Almerer, that's it.

Hut on Valepper Alm: Improved fire protection after the ban on use

Not enough, the Munich Administrative Court has now made clear.

A lawsuit from the tenant, Hasenöhrl GmbH, was negotiated on site.

This is directed against a ban on use that the district office had issued due to fire protection deficiencies.

In this regard, Frank and Bärbl have improved Hasenöhrl, installed ladders as escape routes and replaced a window with a door on the south side.

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By the way: everything from the region is also available in our regular Miesbach newsletter.

"You're on the right track when it comes to fire protection," said judge Cornelia Dürig-Friedl after the chamber had inspected the building just behind the Albert Link hut.

The bigger problem is the storage room with the sauna in the middle of the building, which has since been expanded.

"That's not possible," said the judge and made it clear: "The building application cannot be approved, the community has rightly refused to agree." And Dürig-Friedl was even clearer: "The lawsuit has no chance of success."

Almhütte am Spitzingsee: There were almost always celebrations up there - is that why the protection of existing buildings is cancelled?

Karl Schwab, the plaintiff's lawyer, wanted to get rid of the ban on use at any price.

Right at the beginning of the hearing, he handed the court the opinion of a fire protection expert who was supposed to confirm that everything was in order.

He also handed out a commemorative publication on the 25th anniversary of the leisure hut.

At that time, Reemtsma/Philipp Morris leased the hut.

The celebrations on the Alm were probably not too short, as it was said.

The aim of the admission was probably to make it clear to the court that the use as a hostel is nothing new.

The shot almost backfired.

Because: If commercial use had taken place to a corresponding extent from the beginning, there would never have been a grandfathering.

Dürig-Friedl: "Then we would have nothing." 

Ultimately, the plaintiff's attorney wanted a decision despite all the judicial information.

It is foreseeable how this will turn out, but it will first be sent to the parties to the process.

Hut on Valepper Alm: The only thing left for the tenant is to change the usage concept and talk to the authorities

For the Hasenöhrls, it now remains to agree with the municipality and district office on a concept that can be approved, with predominantly agricultural use.

The tenants took over the house in 2019 and invested a lot of money.

However, they did not expand the commercially used areas, but found them as Frank Hasenöhrl emphasized.

Mayor fears: "Then we will get a Chalet-Almdorf"

Mayor Franz Schnitzenbaumer hinted that he at least could live with accommodation upstairs plus a lounge with kitchen downstairs.

So about the way it was approved 50 years ago.

The head of the town hall doesn't like the old approval any more than the existing danger that something similar could happen in neighboring huts.

"Then we would have a Chalet-Almdorf here."

This project, which the administrative court also looked at, caused a huge debate.

You can find more current news from the district of Miesbach and the Tegernsee region at Merkur.de/Miesbach.