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Covenant Regarding Real Property 1992-0693420 614 Dr~ # 1992-0693420 30-dCT-1992 08:35 Ai'. "' RECORDING REQUEST BY: CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) or>ICIAi RErnpnc SAN DIEGO COUNTY~RiCORJER~S OFFICt ANHETTE EVAHS, COUMTY RECORDER RF: 8. 00 FE~j: it: I" I.\". 1 WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 AF: i1 Oti r,A ...i.. v MF: 1.00 No Transfer Tax Due (This soace for Recorder's Use) COV~NANT REGARDING REAL PROPERTY Edward V. Wancewicz and Susan Wancewicz ("OWNERS" hereinafter) are the owners 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 314-074-09 ("PROPERTY" hereinafter). In consideration of the approval of Variance 92-12 by the City of poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Exhibit B). 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 In the event that Variance 92-12 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 enforce this Covenant against OWNER. Dated: IO/;)..":f/9d-.. r I z ,/---..( V (,) EDWARD v. WANCEWICZ OWNER (Notarize) ~~ SUSAN WANCEWICZ OWNER (Notarize) --.::>- Dated: :J.? 6'cpf>u. ('1'l:l Dated: 9-02f-f~ CITY OF POWAY By IlL ~~-t~~ (No need to No rize) 615 LEGAL DESCRIPTION LOT 370 OF POWAYVALLEY, UNIT NO.4, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 4204, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1959. ~ (5jJ Ii--v Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * _ GENERAL ACKNOWLEDGMENT .'/r j; .Ie '. * * };*.. * * * * * * * State of wI! j....,~ * .~ * County o~ . * * * ) ) SS. * * * * * OFRCIAL SEAL WME LOFTON NotaIYP\llllIC-CClIIIlllI'la SAN DIEGO COUNIV MfClo....1 11- ElcIlHI ApII..l994 * * * * * * * * * * * * * * * * * * * * * * .. * * * * * * * &,l,,6* * * * A *.* ". * * * * * * * * * * * On this th~day of ~ ~ ~ 197"..z.. before ~~~- the udersigned Notary Public, personnally appeared d"M.(~ o.--d ~Vdh ~~ tVQ.nJI{Jn~~ -B-- I"::' ~una lly Iwuwn to 1111:" * * * me, * * * * * * * * * ~ proved to~ on the bas~of satisfactory evidence to * be the perso~ whose nameD>' a.-?.t _ s~ed to * the within instrument, and acknowledged that * executed it. * WITNESS my hand and official seal. * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,* State of * * County of * * * * * * * * * * ) ) SS. * On this the ____day of 19 , before me, * * * * * * * * * * * * * * the udersigned Notary Public, personnally appeared [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * State of * ) * County of ) SS. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the ____day of 19 , before me, * * * the udersigned Notary Public, personnal1y appeared * * * * * * [] personally known to me [] proved to me be the person(s) on the basis of satisfactory evidence to * who executed the within instrument as * or on behalf of the corporation * therein named, and aCknowledged to me that the corporation* executed it. * WITNESS my hand and official seal. * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 617 / RESOLUTION NO. P-92-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 92-12 ASSESSOR'S PARCEL NUMBER 314-074-09 WHEREAS, Variance 92-12 submitted by Ed Wancewicz, appl icant, requests approval for construction of a porch which will observe a 17 foot front yard setback where a 25 foot setback is required. The property is located at 12514 Holland Place in the RS-7 zone; and WHEREAS, on September 29, 1992, 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 Findinas: The City Council finds that Variance 92-12 is exempt from the provlslons of the California Environmental Quality Act, as the project is an addition to an existing single-family dwelling (Class 3) and a minor alteration to land use limitations (Class 5). Section 2: Findinas: 1. The proposed project is consistent with the general plan in that it proposes an expansion to existing residential development 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 circumstance associated with the property that support a variance is the fact that the neighborhood was developed prior to the adoption of the current zoning for the area. The residences in the community observe a varied front yard setback and in many cases the setback observation is less than the 25 feet required in the zone. 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 subject property is located in an area where the majority of the residences observe less than the required 25 foot front yard setback because they were developed prior to the current City zoning being adopted. 4. That granting the variance or its modification will not be 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. 618 Resolution No. P-92-47 Page 2 The proposed encroachment will not have a negative impact due to the fact that the residences in the neighborhood observe different front yard setbacks which help to define and provide an interesting and varied streetscape. In addition, the proposed porch addition will enhance the appearance of the existing home. 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 properties observe the 25 foot front yard setback due to the fact that zoning standards were changed in 1983 when Poway's Comprehensive Plan was adopted. 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 1n that the proposed project is an addition to a residential unit in the Residential Single-Family 7 zone. Section 3: Citv Council Decision: The City Council hereby approves Variance 92-12 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. This permit shall become null and void on September 29, 1994 if building permits have not been issued. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 29th day of September, 1992. ATTEST: m Harjori ~tJ~t:... Wahlsten, City Clerk 619 Resolution No. P-92-47 Page 3 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) 55. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-47 , was duly adopted by the City Council at a meeting of said City Council held on the 29th day of Seotember , 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE ~t.. City Clerk AEPOAT\VAA9212.RES