1
    13L
    I Nfl
    S
    POLLUTION
    CONTROL
    BOARD
    November
    1,
    1973
    )
    )
    MRS.
    ADIHE
    ROACH
    )
    I
    )
    v.
    )
    PCI3
    73-324
    I
    I
    iNV I R()NMHNTAL
    P R()’fHC’l’
    F ON
    AGENCY
    )
    OI’I
    N ION
    AND
    ORDER
    Ø)
    TIlE
    BOARD
    (by
    Mr.
    flume I Ic)
    :
    On August
    3,
    L973, Mrs. Roach
    iilt’d
    a petition for variance
    from Order
    Ni
    of League of Women Voters
    v. North Shore Sanitary
    ifistrict,
    PCB
    70-7,
    12
    and
    14,
    to allow
    a future sower connection
    to
    a
    presently
    unimproved
    lot
    Located
    in
    Lake Forest,
    Illinois.
    The
    Agency
    filed
    a
    recommendation
    to
    deny
    the
    variance
    on
    September
    18,
    fl~73•
    No
    hearing
    was
    held.
    ‘irs.
    Roach
    stated
    that
    she
    and
    her
    husband
    own
    lot
    $69
    in
    Unit
    One
    1)1 the Villa Turicum Subdivision of Lake Forest.
    They have
    allegedly tried to sell
    the
    property
    since
    they
    moved
    out
    of
    the
    :arc:t
    over
    three years ago.
    She states that her “husband is at
    Michael Reese Hospital suffering from a nervous breakdown”.
    She
    alleges that they
    need
    the income from the $37,000 they have
    tied up
    in the lot.
    .‘the further cites
    the
    annual
    burden
    of
    the
    real
    estate taxes totalling $800.00 on the one acre let.
    It
    recent
    letter from John T. Bernbem, Attorney, Enforcement
    Section, Division of Water Pollution Control of the Agency,
    which
    is
    on
    file
    with
    the
    Board,
    states
    that
    the
    Clavey
    Road
    plant
    is capable of 10
    MCI) capacity with full secondary treatment capacity
    for 18 MC)) expected by March 1,
    1974.
    Any development on Petitioner’s land would probably not be on
    line until after March
    1,
    1974.
    Only once in the previous 12 months
    has the Clavey Road Treatment Plant averaged in excess of 10 MCD
    (10.41 MCD, September 19,
    1972).
    Any additional load from Petitioner’s
    uroperty would cause little,
    if
    any, environmental damage.
    The Board finds that Petitioner has shown a hardship exists
    which would warrant the granting of a variance.
    however, a problem
    exists which resulted
    in the Agency recommending against the granting
    of the variance.
    The Board
    is asked to issue a variance that will
    run with the
    Lund.
    S —721
    -2-
    The Agency has taken the position that
    a successor in
    interest
    to the Petitioner’s
    land would not be
    a successor in
    interest
    in the Petitioner’s hardship.
    Therefore,
    the sale of the
    unimproved lot by the Petitioners holding
    a variance, would terminate
    the variance.
    The purchaser takes only the land,
    not the rights
    incident
    to the variance
    as
    a variance
    is not a saleable commodity.
    While the Board appreciates the Agency’s reasoning,
    it must
    never the
    less make
    the final
    decision.
    Petitioner
    is suffering
    hardship and has asked the Board
    to grant a variance to relieve
    the hardship.
    The only action that will relieve
    the hardship is
    a variance that will
    run
    with
    the land so
    as
    to insure
    a purchaser
    that he may connect his
    sewer.
    ORDER
    IT
    IS THE ORDER OF THE POLLUTION CONTROL BOARD that variance
    is hereby granted to petitioner from the Board’s Order in
    League of Women Voters v. North Shore Sanitary District, PCB 70-7,
    12, and 14,
    to allow
    a future sewer connection to the presently
    unimproved
    lot.
    IT IS SO ORDERED.
    Mr. Odell and Mr. Seaman dissent.
    I,
    CHristan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on the
    ~
    day of November,
    1973 by a vote
    of
    ~3_ ~
    ~7
    ~
    ~
    Christan
    L. Moffett,
    ~~rk
    Illinois Pollution Co~tro1Board
    9
    —
    722

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