Elm Grove Board of Appeals denies larger pergola variance for Oakdale Drive property

The Elm Grove Board of Appeals voted unanimously on April 2 to deny a variance request for 14141 Oakdale Drive (Tax Key EGV 1109 047), concluding the applicant had not met the five statutory findings required for the requested size and setback relief.

Viri El, project manager/designer with Hawks Landscape, and homeowner Kathleen Fleming presented options that included an 86-square-foot open pergola and a larger overall hardscape footprint the applicants described as about 300–310 square feet. Fleming said rock and soil encroachment from prior ownership limited her ability to enjoy the yard and presented neighbor letters of support. Board members expressed concern that, even with a smaller pergola, the proposal would still encroach on the required setback and that the statutory findings for a variance had not been satisfied. A motion to approve a limited setback for a 150-square-foot pergola failed for lack of a second; a later motion by Jessica Bellows, seconded by Aaron Duchs, to deny the variance carried 4-0.

Assistant Village Manager Sowl noted that hardscape features do not always follow the same setback rules as structures and that any change to the ordinance would be a Village Board decision; the board did not instruct staff to pursue an ordinance change. The applicant may revise the design or pursue alternative remedies, including applying for a smaller pergola that would conform to ordinance limits.