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According to the owners' plans, the Buchenegg restaurant is to make way for two new buildings.
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Markus and Marianne Marcon wanted to replace a former restaurant with two apartment buildings. Due to new rules for small housing estates, their plan remains prohibited - now the Federal Court must decide.
Markus and Marianne Marcon ran the Buchenegg restaurant in Stallikon ZH for almost 30 years before they closed the business. Their goal: to build two apartment buildings with underground parking in place of the old building. They had spent years preparing the project with the municipality and experts. A valid neighborhood plan was in place when the building application was submitted in 2022.
However, before the municipality of Stallikon could make a decision, the canton stopped the project. This was reported by theTages-Anzeigernewspaper. The owners fought against this decision. "The law is on our side," they told the newspaper in December 2023.
However, the administrative court judged the case differently and dismissed the appeal. The planned new buildings therefore remain prohibited. However, the decision is not final - the case is now before the Federal Supreme Court.
The rejection is linked to a canton-wide adjustment, writes the Tages-Anzeiger. Following a landmark decision in 2020, around 130 small housing estates in the canton of Zurich were removed from the building zone, including the district of Tägerst with Buchenegg. Since then, only replacement new builds on the previous scale have been allowed to be built there.
Markus Marcon speaks to the newspaper of an "arbitrary" rezoning: "We worked out the project with the authorities for ten years - and in the end they slammed the door on us." He also points out that other buildings had been approved shortly before their application.
The administrative court, on the other hand, argues that the settlement does not have the structure and size of a building zone and is also located in a protected landscape area.
According to the Marcons, they have already invested around CHF 200,000 in planning and proceedings. With the loss of rent, the damage amounts to almost half a million. However, their goal remains unchanged: to build the two apartment buildings.
