TO THE CHAIRMANSHIP OF THE BOARD OF DIOCESES
FOR SUBMISSION
…. PRESIDENCY OF THE ADMINISTRATIVE COURT
ESAS NO: ….
DECISION NO…..
PLAINTIFF (PLAINTIFF): ……….
AGENT: ……..
OPPOSITE PARTY (DEFENDANT): ……. Municipality – ……
SUBJECT : ……… It is about the request to overturn the decision of the Administrative Court dated ………. With decision and decision number written above since it is contrary to procedure and law.
GROUNDS FOR OBJECTION
……….. Although we fully agree with the Administrative Court’s decision to “annul the decision regarding the balcony adjacent to the living room on the street front …….”, we think that the evaluation made in the decision is appropriate. The decision of the local court to reject the case regarding the determination of the balcony adjacent to the bedroom on the northeast façade is unfair. Namely,
1-) Pursuant to the relevant decision of the ……… Municipality Zoning Directorate on my client ………., about whom an administrative decision was made by the Municipality, according to the contents of the report kept on the basis of the articles; In accordance with Articles 32 and 42 of the Law No. 3194, in accordance with Article 32 of the Zoning Law No. 3194, “in violation of the project attached to the license; It was determined that the balcony of 2 rooms was closed with joinery glasses”.
However, both in the residence where my client lives and in almost all buildings in Izmir, such add-ons are made, and in this context, my client had the glass joinery made in order to live in a safe, healthy and hygienic environment without any cost. is contrary to the zoning project.
2-) Manufacturing does not damage the load-bearing elements of the building. There is no increase in total area of independent section with current renovation.
Since this renovation is in the nature of simple repair and renovation, it is not subject to a license and is not contrary to the Zoning Law. The client has not made any demolition between the balcony and the wall and no physical change has been made.
2-) Manufacturing does not damage the load-bearing elements of the building.
There is no increase in the total area of the independent section with the current renovation.
Since this renovation is in the nature of simple repair and renovation, it is not subject to a license and is not contrary to the Zoning Law.
The client has not made any demolition between the balcony and the wall and no physical change has been made.
3-) In addition, my client has been acquitted of the criminal case filed against him and we believe that his action should be evaluated within this framework.
4-) Fulfilling the request of the administration will cause my client to be victimized. In addition, it is against the principle of equality and is not a fair practice for the municipality to take action against my client only because of the denunciation without taking action against any residence outside the neighborhood where my client lives.
5-) In addition, the addition duly made to the balconies of the house where my client lives, he started to live as before he bought the house in question, and this addition was made with the approval of all other floor owners in accordance with the legislation. For the reasons we have explained above.
CONCLUSION-REQUEST :
For the reasons explained above, I request that the decision of the Administrative Court of ……… regarding the “partial dismissal” of the case in the case numbered (………) Esas (…….) ……… be reversed and the trial expenses and attorney’s fees be charged to the defendant administration.
COUNSEL FOR THE PLAINTIFF
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