Covenant Regarding Real Property 1993-0513838
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
)
)
)
)
)
)
)
)
)
)
)
)
-MM ~ ,~~~ ^L~?~~~
0J~ it 171 j-iJJ.L,_,tDQ.,...,
OG-6' "-"-.l" Q9~ 08::=if: '4"
;-' ~,\._,-;....! ~ '1-" -
RECORDING REQUEST BY:
CITY OF POWAY
86
,~,' 0T:;-''1C~~},~~~'-r,;~~~~~f,~ -_:FT~:
;~N ;j" i]u '..I.!N'I ,c..-,_'U),j{ '-' ~,. ..--
'; .,,~~.- ~'A"^ 00' i' "V "Er.oonr'
.:~~ti it tv I~J~ -j'U', , ~, !..->,LJ["-
~ ~ ., 8. 00 ~~c:S; 20. '~"O
WHEN RECORDED MAIL TO:
At.
~F:
'1 "It
; ;'h"l
~. li'.l
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Cary Schwaneke and leslie Schwaneke, Husband and Wife as Joint Tenants ("OWNER" hereinafter)
is the Dwner of real property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 314,74247 ("PROPERTY" hereinafter). In
consideration of the approval of Variance 93,11 by the City of Poway ("CITY" hereinafter), OWNER hereby
CDvenants and agrees for the benefit of the CITY, to abide by conditiDns Df the attached resDlutiDn (Exhibit
B).
This CDvenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns Df the
respective parties.
In the event that Variance 93,11 expires or is rescinded by City Council at the request of the
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY,
If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons impacted by the performance of this Covenant the right to enfDrce
this Covenant against OWNER,
Dated:
-5 A0J-C)3
Leslie Schwan eke,
Dated:
CO/5/13
CITY OF POWAY
Dated:
~AA/>+
oS !ljt{ 3
)
By: ~ l.l'jJ.1 - cf~
IJS:\REPORT\VAR9311.COV
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
87
State of
No 5193
County of
C/ILt ro/Zl'lll4
SAN /)1 EGo
}
OnA:6P.!;IS;/~Y3beforeme, J'l/-mB; L.B9-T'lEtU 'V PIIAlJr
DATE ' NAME, TITLE OF OFFICER. e.G.,r JANE DOE, NOTARY PUBLIC.
personally appeared CAR-v ~f.lWA^'E.I:':E et LEsL./E Sc.I.IIAJANet:::E
NAME(S) OF SIGNER(S)
~RaIlY kRe..R te IRQ.. OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies). and that by his/her/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument.
t~' ';";~ - - 'I
$''''"' COMM. # C/699OO II
2 . ~ NoICIIy PLtlIlc - California ~
J SAN DIEGO COUNtY I
~ ~ ~ ~~~~,:~"~~4.1~7 _
z:r;~;:tzW
SIGNATU OF NOTARY
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT a,V6N~ Reo' R~L
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
~
DATE OF DOCUMENT
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
jXlINDIVIDUAL~
D CORPORATE OFFICER(S)
TITlE(S)
D PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~~.eW
S-F; ~~
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
EXHIBIT A
Lot 59 of the CITY OF POWAY TRACT 4191-1R, in the City of Poway, County of San
Diego, State of California, according to Map thereof No, 11507, filed in the Office of the
County Recorder of San Diego County on May 8, 1986,
88
89
I
RESOLUTION NO. P-93-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-11
ASSESSOR'S PARCEL NUMBER 314-742-47
t
WHEREAS, Variance 93-11 submitted by Cary and leslie Schwaneke, applicants,
requests approval for construction of a 155 square foot addition to a single-
family home which will observe a street side yard setback of only six feet when
a ten foot setback is required at 14770 Laurelwood Street in the Rancho Arbol itos
Planned Community (PC) zone; and
WHEREAS, on July 27, 1993, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that Variance 93-11 is exempt from the provls10ns
of the California Environmental Quality Act, Categorical Exemption Class
5 and 3 as the project is the construction of an addition to a single-
family dwelling (Class 3) and a minor alteration to land use limitations
(Class 5).
Section 2: FindinQs:
Vari ance 93-11
1. The proposed project is consistent with the general plan in that it
proposes the construction of a single-family residence on a site
which is designated for residential use.
2. That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances include the fact that the lot is
irregularly shaped with the front of the lot being much more narrow
then the rear. The irregular shape makes it difficult to site an
addition at the front of the lot which can observe standard setback
requirements.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought.
The variance will allow the applicant to construct a 155 square foot
addition onto an existing residence which is in keeping withsimilar
expansions to other residences found in the vicinity.
4. That granting the variance or its modification will not be
90
'-
Resolution No. P-93-38
Page 2
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located.
l
The proposed encroachment will not have a negative impact due to the
fact that there is a grade separation between the subject lot and
the adjacent public right-of-way.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that other variances for side yard setbacks
have been granted for unusually shaped properties within the Rancho
Arbolitos Planned Community zone.
6. That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is the construction of an addition onto a
residential unit in the PC zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-11 subject to the following
conditions:
..
Within 30 days of approval: (1) The applicant shall submit in writing
that all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. Any existing on-site utility poles shall be removed and all new utilities
shall be installed underground. Please contact SDG&E Planning Division at
480-7617. Completion of undergrounding shall be prior to issuance of a
Certificate of Occupancy.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of City of Poway
5. Low flow plumbing fixtures are required in all new construction.
6. Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
7. This permit shall become null and void on July 27, 1995 if building
permits have not been issued.
Resolution No. P-93-3B
Page 3
9J
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The developer shall construct a retaining wall parallel to the addition
and five feet away from the foundation to provide access and positive
drainage away from the foundation.
APPROVED and ADOPTEO by the City Council of the City of Poway, State of
California, this 27th day of July 1993.
~~
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I hereby certify, under the penalty
of perjury, that the above and
foregoing is Ii true and correct
COpy of RcsollJlion NoP-9'3-~
as adopted by the Qty Council 01
Poway, Calilarnia' on ,he ;;l. 7.:bt
dayof~ ,19h.
MARJe IE K. "'H~STEN. CITY CURl(
bY'~ K ~L
k7U~-t:..
Wahlsten, City Clerk
Marjode
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ~38
, was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of Julv , 1993 and that it was so adopted
by the following vote:
AYES: CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, EMERY
)n ~ k. TU~
Harjo ie . Wahlsten, City Clerk
City f P way
REPORT\VAR9211.RES