Covenant Regarding Real Property 1992-0693420
614
Dr~ # 1992-0693420
30-dCT-1992 08:35
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RECORDING REQUEST BY:
CITY OF POWAY
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or>ICIAi RErnpnc
SAN DIEGO COUNTY~RiCORJER~S OFFICt
ANHETTE EVAHS, COUMTY RECORDER
RF: 8. 00 FE~j:
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
AF: i1 Oti r,A
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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In the event that Variance 92-12 expires or is rescinded by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:
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EDWARD v. WANCEWICZ
OWNER (Notarize)
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SUSAN WANCEWICZ
OWNER (Notarize)
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Dated:
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Dated:
9-02f-f~
CITY OF POWAY
By
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(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.
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Notary's Signature *
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_ GENERAL ACKNOWLEDGMENT
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* State of wI! j....,~
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OFRCIAL SEAL
WME LOFTON
NotaIYP\llllIC-CClIIIlllI'la
SAN DIEGO COUNIV
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ApII..l994
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On this th~day of ~ ~ ~ 197"..z.. before
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the udersigned Notary Public, personnally appeared
d"M.(~ o.--d ~Vdh ~~ tVQ.nJI{Jn~~
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me, *
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~ 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. *
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PARTNERSHIP ACKNOWLEDGMENT
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,* State of
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On this the ____day of
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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.
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* Notary's Signature *
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CORPORATE ACKNOWLEDGMENT
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* State of
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On this the ____day of
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the udersigned Notary Public, personnal1y appeared *
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[] 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. *
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Notary's Signature *
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617
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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:
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Harjori
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Wahlsten, City Clerk
619
Resolution No. P-92-47
Page 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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
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City Clerk
AEPOAT\VAA9212.RES