For the third time, the grobenseebach municipal council attempted to enact new garage and parking space bylaws on thursday evening. However, the municipal councils were unable to reach an agreement.
As head of administration martin hofmann explained, the draft statutes are essentially based on the statutes of the municipality of rottenbach as well as on the current state law. However, a legal consultation process is currently underway to simplify building regulations. It is also planned to use this change to expand the municipal scope for regulating parking space rights. In the future, municipalities will be able to decide for themselves whether fewer parking spaces are required due to existing local traffic infrastructure.
In the opinion of the administration, however, these proposed changes will not affect the grobenseebach issue. During last year’s discussions, the main issue was to set the number of parking spaces for hotels and guesthouses at one parking space per four beds. The problem also lies in the impact on parking spaces of smaller increases in floor area. In densely built-up areas such as terraced housing estates, it is not possible to create additional parking spaces if another apartment is being built on the top floor.
As hofmann explained, according to a recent ruling by the administrative court of munich, in such cases a comparison must be made when considering parking spaces as to how many parking spaces were required for the previous use on the basis of the valid parking space statutes compared to the required number of parking spaces for the new project. The number of parking spaces required for the previous use can be taken into account. Another prerequisite is that an expansion of the residential area does not create a situation that, according to objective considerations, would lead to a significantly coarser traffic flow to and from the site.
The administration’s proposal was: "in the case of floor area increases, a comparative calculation must be made between the previous use and the new use applied for, based on the applicable statute law. The number of parking spaces required for the previous use will be taken into account. A recalculation of the parking spaces will only take place if the floor area increase exceeds 15 square meters and the new use applied for is not expected to result in significantly greater arrival and departure traffic." The committee did not want to follow the suggestion so easily and also found the wording misleading. Mayor bernhard seeberger () and the head of administration promised to present a different draft at the next meeting.