ILLINOIS POLLUTION CONTROL BOARD
    April 18, 1974
    DOMINIC
    VENTURI
    PETITIONER
    v.
    )
    PCB
    74—52
    ENVIRONMENTAL PROTECTION AGENCY
    RESPONDENT
    OPINION
    2~ND
    ORDER
    OF THE BOARD
    (by Mr. Marder)
    This case comes to the Board on Petition of Dominic Venturi for
    a variance from Order
    #7 of League of Women Voters
    v. North Shore
    Sanitary District, PCB 70-7,
    12,13,14, for a warehouse and office
    facility located at 3150 Skokie Blvd., Highland Park,
    Illinois.
    On January 31, 1974, the Board ordered Petitioner to file an
    amended complaint with more information.
    Such Z~mendedComplaint
    was filed with the Board on February 6,
    1974.
    On March
    14,
    1974,
    the Agency filed its recommendation, such rec-
    ommendation being that the Board should deny the variance.
    No hearing was held.
    Petitioner constructed a combination warehouse and office build-
    ing in Highland Park,
    Illinois.
    The building has 24,090 feet of
    rentable floor space.
    80
    of this space is available for warehouse
    use
    and
    20
    for
    office
    space.
    There
    will
    be
    four
    toilets,
    four
    lava-
    tories,
    and
    two
    slop
    sinks
    hooked
    up
    to
    the
    sewer
    system.
    petitioner has applied for a sewer permit from the North Shore
    Sanitary District and on January 24, 1974, received notice that his
    permit would be granted on condition that it would not be used until
    July
    1,
    1974, pursuant to our Order
    (Ncrth Shore Sanitary District v.
    Environmental Protection Agency, PCB 73—134, January 10, 1974).
    Environmental Impact: When the Board granted the North Shore Sani-
    tary District a variance for 2,000 sewer permits, the primary reason
    was that the qlavey Road sewage treatment plant would reach its new
    design capacity of 18 mgd by March
    1,
    1974.
    The Board has received
    rio indications that ~theClavey Road plant is not performing as planned.
    Petitioner’s building will be served by Clavey Road,
    and four toilets,
    four lavatories, and two slop sinks will not put an unreasonabl?
    strain
    on
    the plant.
    The Board finds the environmental impact of granting
    12
    —
    109
    —2—
    the variance is minimal.
    Hardship:
    Petitioner alleges unreasonable and arbitrary hardship
    in
    that
    his
    building
    is
    fully
    completed
    and
    ready
    for
    tenants,
    yet
    none
    will
    sign
    leases
    with
    him
    because
    of
    the
    lack
    of
    a
    sewer
    hookup
    (see letters attached to Petition).
    Petitioner further states that
    he has
    a large outstanding mortgage
    ($184,543)
    that has
    an interest
    rate of
    8 1/2
    plus
    2
    1/2 points, and that servicing this loan is a
    great
    hardship
    on
    him
    while
    the
    building
    stands
    empty.
    The Agency does not argue this point, but asserts that this hardship
    is self-imposed, because Petitioner began construction of the property
    knowing full well that a sewer ban was in effect.
    In response to this, Petitioner states that he was led to believe
    that a connection would be available before July
    1,
    1974.
    Also he
    wished to avoid a higher interest rate and construction costs and
    supply problems that would have developed had he waited any longer.
    The Board finds that the hardship to Mr. Venturi substantially
    outweighs that of the public,
    should the variance not be granted.
    The Board, by this Opinion,
    does not find that someone can bootstrap
    themselves into a hardship in order to be granted a variance.
    In
    this case the
    time
    involved
    is
    short,
    the discharge
    is small, and
    the Clavey Road plant should be operating at its increased capacity.
    Therefore the Board feels the variance may be granted.
    This Opinion constitutes the findings of fact and conclusions of
    law of the Board.
    ORDER
    IT IS
    THE
    ORDER of the Pollution Control Board that Dominic Ven-
    turi
    is
    granted
    a
    variance
    from
    Order
    #7,
    League
    of
    Women
    Voters
    v.
    North Shore Sanitary District, PCB 70-7, 12,13,14,
    to connect a build-
    ing located at 3150 Skokie Blvd., Highland Park, Illinois, subject
    to the condition that no more than four toilets, four lavatories, and
    two slop sinks shall be installed in the building for sewer hookup
    before July
    1,
    1974.
    The North Shore Sanitary District shall count
    the permit issued for this connection
    as one of the 2,000 permits
    allowed in PCB 73-134.
    IT
    IS SO ORDERED.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted by the
    Board on the 18th day of April, 1974, by a vote of
    .~
    to C~
    4~i
    12
    —
    110

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