File #: 19-797    Version: 1
Type: Ordinance Status: Passed
File created: 8/8/2019 In control: City Council
On agenda: 8/20/2019 Final action: 8/20/2019
Title: Pass the ordinance approving a variance to Section 5-10-3:12 of the Naperville Municipal Code (Rooftop Structures and Equipment) for Mall of India located at 776 S. Route 59 - BRB Case #98
Attachments: 1. Mall of India - Ordinance, 2. Exhibit A - Legal, 3. Exhibit B - Subject Property, 4. Exhibit C - Elevations, 5. Exhibit D - Line of Sight, 6. Exhibit E - Site Plan, 7. Survey, 8. Roof Plan, 9. Floor Plan
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance approving a variance to Section 5-10-3:12 of the Naperville Municipal Code (Rooftop Structures and Equipment) for Mall of India located at 776 S. Route 59 - BRB Case #98
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Sara Kopinski, AICP

BOARD/COMMISSION REVIEW:
The Building Review Board (BRB) considered this matter on February 20, 2019 and voted to recommend denial of the request (Denied 5-1). Following this meeting, and in response to modifications the petitioner has proposed, staff is supportive of the request.

BACKGROUND:
The subject building at 776 S. Route 59 was constructed in 1989 as part of the Fox River Commons Shopping Center. It was occupied by Walmart from the time of construction until it was vacated in 2014. Mall of India is currently working to fill the space with multiple tenants including retail stores, services, and restaurants.

The Northwest Sector Revision (1996) identifies the future land use of the property as "Commercial". Staff finds the petitioner's proposal to be consistent with this designation.

DISCUSSION:
The subject building was constructed prior to the implementation of the city's current requirements for rooftop unit (RTU) screening, which was enacted by ordinance in 2004. The existing building includes short segments of parapet wall around the entrance (approximately 4 feet high) and short parapet walls along the north and south sides that range in height from 3.5 feet to less than one foot. There is no parapet wall along the east side, which is the rear of the building.

The current requirements for RTU screening require that all roof structures and equipment, such as heating, air conditioning, ventilation, exhaust or other mechanical equipment, located on the roof of any building or structure shall be screened or enclosed in a manner that will mask the equipment from view. Screening in the form of a parapet wall, unles...

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