ILLINOIS POLLUTION CONTROL BOARD

August 30, 1971

Robert IL

Monyek

v.

)

PCB 71—80

Environmental Protection Agency

Dissenting Opinion (by Mr~ Aldrich):

I disagree with the majority opinion which denies petitioner a var-

iance to connect a single family residence to the sewer lines of the

North Shore Sanitary District,

Petitioner wishes to build a home for his family on a lot purchased

in April of 1970, Before accepting title to the property he was

assured by the local Director of Building and Zoning that the lot

was served by sewers and ready for building~ This was approximately

one year before the Board entered its Order banning additional sewer

connections, Mr. Monye~cwas unable to build his home during the

following year because mortgage money could not be obtained, When

money became available he was unable to proceed immediately because

of the pressures of his work.

Petitioner estimates that if construdhion were delayed two years, he

would suffer a loss of $15,673, In previous cases we have held that

a financial loss alone, in the absence of improvements to the property,

is not sufficient basis for granting a variance (see’Charles and Frances

Hughes v, EPA, PCB 71-151), However)in the instant case, petitioner~s

reliance on his ability to connect his future home to existing sewer

lines was, in my judgment, reasonable, Mr. Monyek could not anticipate

the Board~s Order banning new sewer~conne@,tions, Under these circum-

stances his delay in constructing a~home until a favorable financial

climate existed was justifiable,

Granting the variance would result in some additional wastes being

added to the Clavey Road treatment facility~ However, as petitioner

points out, such additions would not commence for several months,

when construction of his home has been completed, I ~do not feel the

potential harm to the environment in this case is sufficient to

justify denying petitioner~s request, ~n my judgment the hardship

imposed on Mr, Monyek by denial of the variance is unreasonable. I

would therefore grant the petition.

I, Regina E, Ryan, Clerk of the Board, certify that Dr. Samuel R.

Aldrich submitted the above Dissenting Opinion on this 30th, day

of August, 1971.

~1L4~