CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance granting an extension to the effective period of the setback variance granted for Riverwalk Place (415 Jackson Avenue) - PZC 22-1-094
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabby Mattingly, Project Manager
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The subject property is approximately 10,934 square feet in size and is located at the northwest corner of Jackson Avenue and Mill Street, with a common street address of 415 Jackson Avenue.
On April 5, 2023, the City Council passed ordinances granting approval of a preliminary/final plat of subdivision and OAA, rezoning from OCI to B5, and a variance to Section 6-7E-7 to reduce the front yard setback along Jackson Avenue to allow for the construction of a 6-unit multi-family residential building at 415 Jackson Avenue, also known as Riverwalk Place.
On July 16, 2024, the City Council approved an extension to the recording timeframe for the Riverwalk Place ordinances to allow the petitioner, Randy Mueller of Mikols Construction and the property owner, Lee Mandel and Associates, Inc. additional time to complete the outstanding items requested by City staff in order to record the approved ordinances. This request was approved and all items related to the Riverwalk Place development were recorded on August 26, 2024.
DISCUSSION:
To date, work at the subject property for the construction of the Riverwalk Place development has not commenced and the permits have expired. The property owner, Lee Mandel and Associates, Inc. is selling the subject property to DJK Custom Homes. DJK Custom Homes intends to construct the six-unit multi-family residential building that was approved for the subject property; however, DJK Custom Homes is unable to begin constructing the building within the time constraints as identified in the approved variance for the subject property.
Per Section 6-3-6:4 of the Naperville Municipal Code, variances are valid for two years unless the building permit is obtained and construction has started within the two-year period. Applicants may seek approval by the City Council to extend the effective period of said variance for one additional year.
Per the attached letter dated March 13, 2026, pursuant to Section 6-3-6:4 of the Naperville Municipal Code, DJK Custom Homes is seeking a one-year extension to the variance timeframe granted by Ordinance 23-47 as extended by Ordinance 24-060. Should this request be approved, a building permit must be obtained and the erection of a building or structure at the subject property must begin, or the use must commence on or before August 26, 2027. If a building permit has not been obtained and the erection of a building or structure does not begin at the subject property or the use has not commenced on or before August 26, 2027, the variance approved per Ordinance No. 23-47 will no longer be valid.
FISCAL IMPACT:
N/A