Questão jurídica principal
Whether the municipal council exceeded its discretion by setting the fully contributory land depth at 40 m under § 11 para. 1 of the cantonal regulation on development contributions and fees.
Decisão extraída
No. The regulation leaves the council a margin of appreciation within the usual building depth indicated by the zoning plan. Because the zoning plan did not clearly show a uniform 30 m building depth, a 40 m depth was still permissible.
Fundamentação extraída
The wording of § 11 para. 1 shows that the legislature intended to bind the council to the framework of the usual zoning-plan building depth, but still to grant discretion. That discretion is especially relevant where the zoning plan does not reveal an unequivocally standard depth. The site inspection showed that the plan was in several respects designed for depths greater than 30 m; about half of the 54 parcels along the road were deeper than 30 m.