Questione giuridica chiave
Whether the zoning and distance derogation under Geneva LCI art. 106 was lawfully granted for the project
Decisione estratta
The derogation was not applied arbitrarily; it covered the distance to the neighbor's parcel and necessarily allowed the related height deviation.
Motivazione estratta
The cantonal record showed a derogation only for the distances between the future building and buildings 402 and 403. Because distance and height are linked under arts. 32 and 34 LCI, the derogation to distance implied a corresponding height adjustment. The cantonal court's interpretation was sustainable.