Facts
The city of Adliswil revised its building and zoning regulations and assigned the property with cadastre number 7210 in the cantonal agricultural zone to the newly created recreation zone type R. The complainants, neighbors of the riding stable, lodged an appeal against the designation of the recreation zone R and the approval of the building commission. The Administrative Court of the Canton of Zurich dismissed the appeal and confirmed the decision on appeal.
The complainants filed an administrative appeal with the Federal Supreme Court and requested the repeal of the recreation zone R and of Art. 35 para. 4 of the building and zoning regulations. The private respondent and the city of Adliswil requested the dismissal of the appeal.
Considerations
The Federal Supreme Court examined whether the designation of the recreation zone R and the approval of the building commission violate federal law. It found that the recreation zone R is a special use zone in which riding stables with their associated facilities are permitted. The zone is located on the outskirts of Adliswil and borders a three-story residential zone and a zone for sports and leisure facilities to the west.
The court found that the zoning designation only allows minor expansions compared to the legally approved existing state and has no significant new impact on the use order, development, and environment. It also saw a public interest in securing the existing riding stable with its associated facilities at its current location.
The court also examined the admissibility…