Facts
The case concerns a private zoning plan "Town Center Rüti" which was approved by the municipal assembly of Rüti on June 6, 2005 and authorized by the Building Directorate of the Canton of Zurich on November 6, 2006. The appellant R., owner of a neighboring condominium, unsuccessfully filed a complaint with the Building Appeal Commission III of the Canton of Zurich and subsequently with the Administrative Court of the Canton of Zurich. He then filed a public law appeal with the Federal Supreme Court.
The zoning plan area can be divided into a northern and a southern part. The northern part includes the Carden factory to be preserved and a distinctive 7-story building with a flat roof in construction area E. This part is located in Core Zone II. The previously undeveloped southern part is located in the Central Zone and provides for four elongated, offset residential buildings with four full floors and attic floors each.
Considerations
The Federal Supreme Court upholds the appeal and overturns the judgment of the Administrative Court as well as the resolution of the municipal assembly approving the zoning plan.
While the southern part of the zoning plan is not objectionable as it complies with the requirements of the Central Zone, the northern part with the 7-story building in construction area E deviates significantly from the provisions of Core Zone II, which prescribe a maximum building height of 9.5 meters and gable roofs. These…