Jimu news reporter Liu Shan
Open the window and see not only the blue sky and white clouds, but also a three-dimensional garage with a height of 49.9 meters. Recently, the owner of Haishan Friendship City in Jianghan District, Wuhan City, reflected this matter to Jimu News "Help to the End", and after the demolition and reconstruction of the old three-dimensional garage, it was added to 49.9 meters. The relevant documents provided by the developer also show that the project needs to cooperate with the street to do a good job of community publicity, and the construction can only be started if the surrounding units and residents have no objections. Prior to this, some owners said they were unaware and the developers did not ask for their consent.
In this regard, the developer Wuhan Haishan Real Estate Development Co., Ltd. said that the land use right of the three-dimensional garage belongs to the developer, before the construction of the commission to the industry committee to solicit the opinions of the owners, because it involves the privacy of the owners, it is inconvenient to provide the voting signature to other owners, the construction procedures are legal and compliant, if some owners oppose, they can sue the court.
The new three-dimensional garage is 49.9 meters high
Ms. Wang, the owner, said that the Haishan Friendship City Community was delivered in 2008, and there are more than 400 households in the two buildings, but the parking space in the community is seriously insufficient, and only about 30 underground parking spaces are provided. There is also a three-dimensional parking garage on the ground of the community, about 6 floors and 12 meters high. The land is owned by the developer.
In 2018, the developer demolished the three-dimensional parking garage. In June this year, construction began to began. However, three months later, the owners found that something was wrong, and the new three-dimensional garage was built to the original height of 6 stories, and continued to build. The owners immediately reported to the relevant departments that the developer posted a document showing that the project uses a vertical lift garage, which can provide 150 parking spaces, three groups of tower vaults, with a height of 49.9 meters and an equipment area of 149.1 square meters.
As the owners complained about the problem, the developer continued to build the structure, and the frame structure was basically completed so far. "The 6-storey garage is 12 meters high to 27 floors and 49.9 meters, half the height of the residential building, right in front of our house, without our consent." Ms. Wang was indignant.
At present, more than 80 owners of Haishan Friendship City Community have signed a petition to stop the construction of the project. The owners believe that the three-dimensional garage is only 31 meters away from the residential building, and there are problems such as noise disturbance, blocking lighting, and affecting the security of the community by renting and selling abroad.
On November 2, Jimu News reporters came to Haishan Friendship City Community. The public area of the community is limited, and the three-dimensional garage opposite the building is under construction, and the height is close to the 17-story height of the residential building in the community. The reporter saw on the balcony of the owner's home on the 9th floor that the window was a three-dimensional garage.
More than 80 owners jointly opposed it
After the owners went to many parties, the developer provided relevant materials, and the relevant departments also replied. However, none of them provided the relevant materials agreed by the owners, which is one of the reasons for the dissatisfaction of some owners.
On September 15 last year, the developer Wuhan Haishan Real Estate Development Co., Ltd. wrote a letter of commitment to the Jianghan Branch of the Wuhan Urban Planning Administration Bureau, showing that the original parking garage was in the form of lifting and lateral movement, and due to the aging of the original parking garage machinery and other issues, the company received complaints from the majority of owners, including the industry committee, the street office, the neighborhood committee, etc. In order to solve the safety problem of aging equipment in mechanical parking lots and the problem of parking difficulties in the surrounding areas, the company plans to rebuild a new type of intelligent parking garage. If the parking equipment occupies the public passage, it will be partially and unconditionally rectified.
In a fact sheet stamped with the official seal of Wuhan Haishan Real Estate Development Co., Ltd., the company told the Jianghan District Construction Bureau that in July 2020, after the majority of owners voted, they agreed to demolish the original three-dimensional garage and rebuild the new smart garage, the original three-dimensional garage has been demolished on August 18, 2020, and the procedures related to the reconstruction of the garage are being declared. The developer also promised that after the completion of the three-dimensional garage, it will only be rented out to the owners of the community, and all foreign vehicles will only accept temporary parking. The payment will be due on December 24, 2020.
After the owner's feedback, the developer posted the "Minutes of the First Joint Meeting of the Jianghan District Government in 2021 on the Construction of Parking Lots and New Energy Vehicle Supporting Facilities". According to the document, the special topic considered the land for mechanical parking garage projects such as Haishan Friendship City as urban residential land, and the land ownership belongs to Wuhan Haishan Real Estate Development Co., Ltd., which uses self-built methods to build parking garages. The meeting opinion believes that in principle, the site selection of the project is agreed, and the project needs to cooperate with the street to do a good job in community publicity, and the construction can only be started if the surrounding units and residents have no objections.
Ms. Wang said that the explanation provided by the developer to the Jianghan District Construction Bureau mentioned that "the majority of owners voted to agree to the demolition", but could only come up with a vote of "whether to agree to authorize the industry committee to communicate and negotiate with the parking garage, communicate and negotiate, and withdraw from the parking land in the community", and the voting content did not involve reconstruction, file upgrading, and did not mention adding to 49.9 meters high. "It completely violates the opinion in the minutes of the meeting that the community should be publicized and that construction should be started without objection from the residents."
The developer said that the construction application procedures were in accordance with the laws and regulations
In response to the doubts of some owners, the relevant person in charge of Wuhan Haishan Real Estate Development Co., Ltd. introduced to the Jimu News reporter that in 2016, the developer purchased land ownership and built a three-dimensional garage, but due to the old equipment and other problems can not be operated, the company upgraded the file; the construction of the parking lot is also in response to the policy call to solve the problem of parking difficulties in the old community, and all the construction procedures are also carried out in accordance with laws and regulations. In the early stage, the owners' opinions were also solicited through the property committee, and the consent of the owners facing parking difficulties was obtained. Because the owner's consent letter involves personal privacy, the company does not have the right to publicize other owners according to law, and the relevant information may only be provided to the government functional departments. The content of the file upgrade has been publicized; about lighting, noise, and safety issues, they have been carried out by the design institute in accordance with the requirements of relevant national norms, and in order to maintain the distance between the residential buildings and the residential buildings, they have specially retreated to more than 10 meters outside the red line for construction.
Jianghan District Construction Bureau Construction Management Section staff told reporters that Haishan Friendship City parking spaces can not meet the parking demand, in order to alleviate the problem of parking difficulties in the community, the developer purchased land in 2016 to build mechanical parking equipment, the land is not the public land of the community. Due to aging can not be used, this year's new parking tower garage, new parking spaces, the project before the construction of the structural safety demonstration, drawing review, sunshine analysis and other preliminary procedures, before the upgrade also solicited the owner's opinions, some owners without parking spaces to support the construction, another part of the owners expressed opposition.
In addition, according to the "Interim Measures for the Administration of the Construction of Parking Facilities in Wuhan" implemented on October 30 last year, the construction of temporary public parking facilities can be coordinated by the people's government of the region where the land to be built, vacant factories, corner vacant land and other places are idle, as well as the building setback area between the red line of the urban road planning and the outer edge of the building. The planning of the construction of temporary public parking facilities shall be examined and approved by the relevant district people's governments through joint meetings or relevant comprehensive deliberation and coordination mechanisms organized by the relevant district people's governments for urban and rural construction, natural resources and planning, public security traffic management, etc., and there is no need to go through the relevant construction planning approval procedures.
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