Covenant Regarding Real Property 1993-0814100
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RECORDING REOUEST BY:
CITY OF POWAY
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SA;~ DE:~O CJt~rv ~~E:GRDE~'l; GFi="~:=~
~NNETiE JA~5j CJ~NTv R~lOR~=?
WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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No Transfer Tax Due
(This space for Recorder's Use)
COVENAN't REGARDING REAL PROPERTY
James D. Ahrensberg and There~a A. Ahrensberg ("OWNER" hereinafter) is the owner of real
property described in Exhibit A which i is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 314-682-03 ("PROPERTY" hereinafter). In
consideration of the approval of Varianc~ 93-18 by the City of Poway ("CITY" hereinafter), OWNER
hereby covenants and agrees for the b~nefit of the CITY, to abide by conditions of the attached
resolution (Exhibit BI.
This Covenant 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 of the
respective parties.
In the event that Variance 93-1 a expires or is rescinded by City Council at the request of the
OWN ER, CITY shall expunge this Coven~nt 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 enforce this Covenant again$t OWNER.
~
M~
Dated:
11/.3t!/9_3
~tJ.
ames D Ahrensberg
Theresa A. Ahrensberg
OWNER (Notarize)
CITY OF POWA Y
Dated:
/1- '1- Cj3
By: ~ tJ~f -rJ~
~
......
EXHIBIT "Au
619
Order No, 201834-04
Escrow No. 19-1342G
Lot 111 of COUNTY OF SAN DIEGO TRACT 3503-2, in the City of Poway.
County of San Diego, State of California, according to the Map thereof
No, 9256. filed in the Office of the County Recorder of San Diego
County on June 20. 1979.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of c...AL..-/ pOX^, Iff-
County of ,sHIV l)J (2;60
}
OnAlOIIlll'lUk JO,"fJbefore me, -Zi't.al.r or: JC'~J48 ""'TAltY ""~J.J c.. ,
DATE NAME, TiTlE OF FFICER. !.G., "JANE DOE, NOTARY PUBLIC"
personally appeared "II_got J). I9J11Z.eNSI.li!:1ItO J""""DTN4O<.Ei:lI4- /4.A-JlRfiiJJ.l~ou; ,
NAME( ) OF SIGNER(S)
o personally known to me . OR - ~ved to me on the basis of satisfactory evidence
to be the person~ whose namelQ is/~
sUbscrib~d to the within instrument and ac-
knowled ed to me that he/she~executed
the sa . e in his/her/(JjiW authorized
capacit\Gll, and that by his/her/~
signatur~ ~n the instrument the perso~
or the entity upon behalf of which the
persorG; acted, executed the instrument.
I
WITNES$ my hand and official seal.
~~~
~ IAENEalleHWAS I
-' COMM. 1966437 R
.' NOTARY P1JBLlC-CAlFORNIA
, · SAN DIEGO COUNlY
I. My Commission Expirea -
I MAY 17. 199a I
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.
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
I
NUMBER Or PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
No 5193
- 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.
o INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
o 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)
@ie9fNATIONAL NOTARY ASSOCIATION. 8236 Rommol Avo.. P,O. Box 7184 . Canoga Pork, CA 91309-7184
620
~ESOLUTION NO. P- 93-58
A RESOL~TION OF THE CITY COUNCIL
OF THE qITY OF POWAY, CALIFORNIA
APPRDVING VARIANCE 93-18
ASSESSOR'$ PARCEL NUMBER 314-682-03
WHEREAS, Variance 93-181 submitted by Jamie and Theresa Ahrensberg,
applicants, requests approval fior construction of a 640 square foot addition to
the residence located at 14903 ~a Manda Drive. The residence will observe a side
yard setback of only 16 feet ~hen a 20 foot setback is required in the RR-C
zone; and
,
WHEREAS, on November 9, i1993, 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: Environmenta~ Findinos:
The City Council finds t~at Variance 93-18 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5 and 3, as the project is the construction of an addition to an existing
dwelling (Class 3) and a ,minor alteration to land use limitations (Class
5).
Section 2: Findinos:
Variance 93-18
The proposed project is consistent with the General Plan in that it
proposes the consltruction of an addition to a single-family
residence on a sit~ which is designated for residential use.
That there are specIal circumstances applicable to the property, and
because of this, ~he strict appl ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circ~mstances include the fact that the lot is
substandard in shape. This fact, in combination with the unusual
angle of the lot's, boundaries, limits the applicant's ability to
design an addition iwhich meets standard setback requirements.
3. That granting the viariance or its modification is necessary for the
preservat i on and enpoyment of a substanti a 1 property right possessed
by other property !in the same vicinity and zoning for which the
variance is sought.
1.
2.
The variance will allow the applicant to construct a 640 square foot
addition which is in keeping with the size of other residences found
in the vicinity.
EXHIBIT B
621
Resolution No. P-93-58
Page 2
4. That granting th~ variance or its modification will not be
materially detrime~tal to the public health, safety, or welfare, or
injurious to the p~operty or improvements in such vicinity and zone
in which the prope~ty is located.
5. That the granting pf this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zpne in that the property is located in an area
where many of the existing homes do not observe the minimum side
yard setback due tq the fact the setback and lot size requirements
were increased sig~ificantly in 1983 when Poway's General Plan and
Zoning Development ICode were adopted.
6. That the granting of this variance does not allow the use or
activity which is, not otherwise expressly authorized by zoning
development regulatlions governing the parcel or property in that the
proposed project lis the construction of an addition to a
residential unit in the Rural Residential - C zone.
Section 3: Citv Council !Decision:
The City Council hereby ~pproves Variance 93-18 subject to the following
condit ions:
1. Within 30 days of! approval: (1) the appl icant shall submit in
writing that all' conditions of approval have been read and
understood; and (2)1 the property owner shall execute a Covenant on
Real Property.
APPLICANT SHALL CONTACT THE DEP~RTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1.
The site shall be develop~d in accordance with the approved site plan and
elevations on file in thei Planning Services Department.
The appropriate Building Department approvals shall be received prior to
initiation of construction.
2.
3.
Water, sewer, and fire Plrotection systems plans shall be designed and
constructed to meet requirements of the City of Poway.
Low flow plumbing fixture~ are required in all new construction.
Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
This permit shall become null and void on November 9, 1995 if building
permits have not been issued.
4.
5.
6.
622
Resolution No. P-93-58
Page 3
APPLICANT SHALL CONTACT THE bEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING C~DITIONS:
1. A right-of-way permit s~all be obtained from the City's Engineering
Services Department for iany work to be done within the publ ic street
right-of-way or any CitY-held easement.
APPLICANT SHALL CONTACT THE DEP~RTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. #6~.
APPROVED and ADOPTED by ~he City Council of the City of Poway, State of
California, this 9th day of Nov~mber 1993.
.'-- L--d ~ '_
. Don Higginson, M~
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I hereby cerlify, under the penalty
of perjury, that the above and
foregoing is a true and correct
copy 01 Resolution No,f- 'f3-S"S',
8S adopted by the City Council 01
Poway~_the '{~
day 01 ,19~.
MARJORIE K. WAHLSTEN, CIT~
~'7J1a-W ~A
k1V~~
. Wahlsten, City Cler
I, Marjori e K. Wahl sten, City Cl erk of the Ci ty of Poway, do hereby
certify, under the penalty of p,rjury, that the foregoing Resolution No. P-93-58
_____, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of November , 1993, and that it was so adopted by
the following vote: .
I
AYES: CAFAGNA, CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
!.( PU~~
Marjor~e_~. Wahlsten, City Clerk
City oT~way