Herrn Bürgermeister Harald Birkenkamp Rathaus Minoritenstraße 2-6 40878 Ratingen 30. November 2009 Antrag zur Ratssitzung am 15.12.09 „Neubau eines Clubhauses der griechischen Gemeinde“ Sehr geehrter Herr Bürgermeister, im Anschluss an die Vorlage 338/2009, behandelt im Bezirksausschuss Ratingen Mitte am 19.11.09, beantragen wir aus begründetem Anlass, den Punkt „Neubau eines Clubhauses der griechischen Gemeinde“ auf die Tagesordnung der Ratssitzung vom 15.12.09 zu setzen. In der Sache selbst werden wir dort den Antrag stellen die Verwaltung zu beauftragen, mit der griechischen Gemeinde über die Größe, die Lage und die Fassadengestaltung zu verhandeln. Größe und Lage des Gebäudes sollen sich möglichst am vorhandenen Altbau orientieren. Ungeachtet dessen werden wir vorsorglich beantragen, die Befreiung für den Neubau nicht zu erteilen, weil die Voraussetzungen nach § 31 Abs. 2, Nr. 1 und 2 Baugesetzbuch nicht vorliegen.Begründung: Die Vorlage 430/2008 gibt unter Ziffer 1 und 2 die Vorgeschichte und die Beschlusslage zutreffend wieder. Danach wurde vom Rat am 22.04.08 u.a. beschlossen: “… die Größe des Gebäudes wird auf max. 130 qm festgelegt“. Bei diesem Beschluss orientierte man sich an dem zu ersetzenden Altbau, der die Größe von ca. 8 m x 18 m aufweist. In der Ratsvorlage 430/08 wird unter Punkt 3 auf den Konzeptentwurf der Firma Kubus-Architekten Bezug genommen, in dem von einem Versammlungsraum in der „ursprünglich geplanten Größe von rund 130 qm“ gesprochen wird. Dieser Entwurf in den Anlagen 1 und 2 wird zur Basis der Planung erklärt und zum Vertragsinhalt. Es wird kein Hinweis im Text gemacht, dass der Neubau nunmehr eine Fläche von ca. 228 qm aufweist. Der Neubau ist also über 80 qm größer als der Altbau!!! Mit der obigen Feststellung steht fest, dass der Ratsbeschluss eine wesentliche Änderung erfahren hat. In dieser Größenordnung beeinträchtigt darüber hinaus der Neubau die ausgewiesene Grünfläche und ist darum städtebaulich nicht zu vertreten. Es handelt sich um etwas ganz anderes, als um den Ersatz des Altgebäudes – bislang Clubhaus –, nunmehr geht es um den Bau eines Festsaales. Im Vertrag heißt es allerdings in der Präambel stattdessen: “… deshalb soll das Haus an gleicher Stelle neu gebaut werden…“. Damit ist auch die Lage des Neubaus vertraglich fixiert. Ein Neubau längst der Straße ist nicht nur städtebaulich unvertretbar, sondern auch vertragswidrig. Zur Begründung des vorsorglich gestellten Antrags keine Befreiung zu erteilen, wird auf die Kommentierung zu § 31 BauGB von Battis/Krautzberger/Löhr verwiesen.
Mit freundlichen Grüßen Lothar Diehl (Ratsmitglied)
Dr. Alfred Dahlmann (Fraktionsvorsitzender)
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