Questione giuridica chiave
Whether the underground garage project could benefit from the municipal/cantonal derogation allowing such constructions despite distance rules.
Decisione estratta
No. The planned garage and retaining wall would sensibly modify the existing topography/profile of the land, so the derogation conditions were not met.
Motivazione estratta
The court accepted the cantonal assessment that the long, high exposed façade and retaining wall would create a visually and physically significant barrier, splitting the parcel into two levels and changing the terrain profile in a substantial way. The arbitrariness complaint failed because the findings were supported by objective elements and the record.