As of: March 18, 2024, 1:00 p.m
By: Klaus Wiendl
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Construction work on the new Gruber Kosmetik seminar building was abruptly stopped.
The neighbors are currently looking at a low-rise building with scaffolding.
© Klaus Wiendl
The ongoing dispute over a new Gruber Kosmetik seminar building in Rottach-Egern continues.
Now the court has imposed a construction freeze for the second time.
Rottach-Egern
– For two years, a neighbor has been suing against the construction of a new training building for the Gertraud and Josef Gruber Foundation on Reiffenstuelweg.
Although a verdict is pending, construction continued eagerly.
Now a second construction freeze brought the project to a standstill again - at least for the time being.
The client's trick with a second building permit issued by the district office didn't help either.
A court again stopped the completion of the two-story training building with underground parking.
While it was the Administrative Court (VGH) in September, the Munich Administrative Court (VG) put a stop to it about two weeks ago.
Gruber Kosmetik GmbH had submitted a second application
Gruber Kosmetik GmbH had obviously hoped to be able to get around the months-long standstill in construction simply by submitting a new building application in November.
The operating concept was adapted to the “previous court process”, explains the district office, which approved further construction at the beginning of January.
This caused the neighbors to file a lawsuit again with the Munich Administrative Court.
On March 6, the court pulled the emergency brake with an “interim order” “to prevent the occurrence of fait accompli.”
It is also unclear to the Munich Administrative Court “which building permit is currently being used”: the old approval notice from December 2021 or the new building permit from the district office from January 8, 2024.
Court: Exact operational description for training building is pending
The court explained to the client that no further building application was needed in November to apply for the “changed project”; a structural application would have been sufficient.
But even this would not have changed the fact that the original lawsuit from spring 2022 has not yet been decided.
In addition, a precise operational description for the training building and the accommodation for seminar participants is still pending.
From the plaintiff's point of view, the commercially used section is being built in a loose residential area and is therefore not eligible for approval.
Seminar and training buildings are not permitted in general residential areas
The VGH also saw it that way.
“A commercial seminar and training building is neither generally nor exceptionally permitted in a general residential area,” it said at the time.
Unlike Gruber Kosmetik GmbH, which specifies a maximum of ten seminar participants, the VGH speaks of 30 people who can be trained at the same time.
Since this is “no longer a small training facility,” the VGH said in its decision, there could be “disruptions to incoming and outgoing traffic.”
In September, the VGH also saw “traffic looking for parking spaces” as a problem.
What followed was an abrupt halt to construction.
District office: Second building application is not unusual
When asked about the new judge's ruling in March, the district office said that the second building application responded to the VGH's objections with a new operational description "and that this represents a legally secure solution for everyone involved".
It is believed that “the changed concept in the general residential area can now be approved”.
It is not unusual for a second building application to be submitted instead of one tecture.
A builder can have “several variants” of a project approved on his property.
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Parking space requirements fully covered by the underground car park?
This time no comment could be received from Gruber Kosmetik GmbH due to “schedule reasons”.
In February, managing director Matthias Keff was still sure that “the parking space requirement would be completely covered by the underground car park”.
This “continues to apply unrestrictedly to the new approval granted on January 8th”.
According to spokesman Joel Hollaender, the Munich Administrative Court counters that “evasion of the VGH's legally binding decision cannot be ruled out” due to the construction work.
Hence the interim decision to halt construction until a decision has been made on two urgent applications from neighbors.
kw