LAKEPORT – This Tuesday, the Lakeport City Council is set to grant an appeal of a Planning Commission decision to a council member who is asking for a variance to build a second home in his rear yard setback.

Despite city staff recommendations, and the fact that the Planning Commission denied the request, the City Council at its Oct. 16 meeting was favorable to the appeal of Councilman Ron Bertsch, who had to step down from the dais and plead his case from the podium.

Bertsch is planning to build a second, two-story home on his property at 25 C St. in Lakeport.

The new home, which Bertsch said will be used for family and guests, will have a 648 square foot garage and an upstairs dwelling unit measuring 660 square feet.

Density and number of homes isn’t the issue in Bertsch’s case, as his property is designated Resort/Residential, which allows for high density residential uses, including triplexes, fourplexes and apartments, according to planning documents. The sizable lot measures 100.5 feet wide by 464 feet deep.

Bertsch is seeking the variance because it will allow him to build the secondary dwelling 5 feet into the property’s required 10-foot rear yard setback.

In his appeal Bertsch stated that the variance is needed so backhoes and heavy equipment can pass between the new home and his current home to reach his seawall. In 1998 25 feet of his seawall was lost, and Bertsch said his request is based on anticipating potential future repairs.

Bertsch first applied for the variance in June. After review by Community Development Director Richard Knoll and Associate Planner Andrew Britton, city staff found that Bertsch needed to provide better documentation to demonstrate that the variance is required “due to special circumstances applicable to the property excluding size, shape, topography or surroundings,” according to planning documents.

When the matter went to the Planning Commission on Sept. 12, the staff report on Bertsch’s variance concluded that his request “was not in conformation with applicable criteria set forth in the Lakeport Municipal Code” including the required variance findings.

Bertsch told the Planning Commission that he had tried to work with Lakebed Management regarding his seawall but said “it just hasn’t worked out,” which makes it necessary for him to have access to the seawall in case of future failures.

Still, the Planning Commission voted 4-1 to deny the variance, with Commissioner Ross Kauper voting no.

Two days later, on Sept. 14, Bertsch filed an appeal of the commission's fee, which required a $150 fee.

Without the variance, according to Bertsch’s appeal, the second home can’t be built. In addition, he said the unique aspects of his property make it difficult to find comparable properties.

“No one in the same vicinity and land use district can complain that we received a Special Privilege, since there are no like properties. No one else in the same vicinity and land use district can ask for the same variance,” he wrote.

Located near Bertsch’s home is Vector Control, Willopoint Campground and a small vacation home.

In addition, Bertsch said when he purchased the property there already was a second home on it, which had been there for at least 20 years, and was within the setback.

Responding to suggestions from the commission that he reduce the length of the second home, Bertsch wrote that he already has reduced the second home’s length by more than 3 feet over the original plans. He cannot reduce it any further, he said, since “we need a garage to store our boat and pickup truck. Neither will fit into the garage of our existing home.”

Planning staff took its findings and those of the Planning Commission to the council’s Oct. 16 meeting, where Bertsch argued his case once again.

This time, however, he received a more sympathetic hearing.

Lakeport businessman Bill Brunetti told the council that if the property’s neighbors have not expressed problems with the variance, that the council has the “autonomy and responsibility” to grant it.

Councilman Jim Irwin, whose votes on issues before the council often are closely allied with Bertsch’s, moved to send the matter back to city staff in order to “clear up” the findings so that the council could uphold Bertsch’s appeal.

The council voted to approve Irwin’s suggestion, directing planning staff to return with findings that will support upholding the appeal at its meeting this Tuesday, Nov. 6.

The meeting starts at 6 p.m. at in the City Council Chambers at Lakeport City Hall, 225 Park St. The item on Bertsch's appeal is scheduled for later in what will likely be a lengthy meeting.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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