BUILDING REVIEW BOARD AGENDA ITEM
ACTION REQUESTED:
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Consider a request by Project Naperville, LLC for a variance from Section 402.2 (Open Space) of the 2018 International Building Code to allow Group E or I occupancy for Tenant Space 123 in the building at 776 S. Route 59 (Mall of India) - BRB Case #103.
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Peter Zibble, TED Operations Manager
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The subject building at 776 S. Route 59 is a former Walmart that is currently being redeveloped as the Mall of India, a covered mall building. The applicant would like to use one of the tenant spaces (#123), which is an anchor building to the mall, as a daycare facility. Daycare facilities are defined by the International Building Code as either Group E or I occupancies, two uses which would not be permitted in the subject mall or anchor buildings due to reduced open space around the outside of the facility.
The distance from the subject mall and anchor buildings to the adjacent building to the south is less than 60' but greater than 40'. This open space reduction is allowable under the exception to Section 402.2 (Open Space) given that the four requirements are met. However, the daycare as proposed would conflict with requirement #4 of the exception and would thus not be allowed. Section 402.2 (Open Space) reads as follows:
402.2 Open space.
A covered mall building and attached anchor buildings and parking garages shall be surrounded on all sides by a permanent open space or not less than 60 feet (18 288 mm). An open mall building and anchor buildings and parking garages adjoining the perimeter line shall be surrounded on all sides by a permanent open space of not less than 60 feet (18 288 mm).
Exception: The permanent open space of 60 feet (18 288 mm) shall be permitted to be reduced to not less than 40 feet (12 192 mm), provided that the following requirements are met:
1. The reduced open sp...
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