Covenant Regarding Real Property 1992-0735798
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due }
2087
DC'" " 1992-0735798
17-HOV-1992 10=03 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF' 8. 00 FEES: 20. 00
AF: 11.00
IIF: 1.00
COVENANT REGARDING REAL PROPERTY
(This SDace for Recorder's Use)
Samuel C. Alhadeff and Marianne Alhadeff, husband and wife, as
community property ("OWNER" 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 275-260-33 ("PROPERTY" hereinafter). In consideration of
the approval of Variance 92-11 by the City of poway ("CITY"
hereinafter), OWNER hereby covenants and aqrees 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
assiqns of the respective parties.
In the event that Variance 92-11 expires or is rescinded by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 assiqn to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER. h1
Dated: q-~rI-q:A /'u (~~
SAMUEL C. ALHADEFF
~OWN ~N~~:-~z.e). /) II
Dated: Gl- -;}/- q;}- u~~ (dddj~
MARl E ALHADEFF
OWNER (Notarize)
Dated:
CITY OF POWAY
By
-p.~ w~ -If''''''U'
(No need to otarize -
"
2089
Lot 18 of City of poway Tract No. 85-Q3TE, in the City of Poway, County of San Diego,
State of California, according to Map thereof No. 12331, filed in the Office of the County
Recorder of San Diego County, March 7, 1989.
2090
RESOLUTION NO. P-92-44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-11
ASSESSOR'S PARCEL NUMBER 275-260-33
WHEREAS, Variance 92-11, submitted by Myron Crain, appl icant, requests
approval of a variance for a 16 foot combined retaining wall and tennis court
fence located at 13371 Sunrnit Circle where a ten feet is the maximum height
permitted in the RR-B zone; and
WHEREAS, on September 15, 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:
This project is categorically exempt under the provisions of CEQA (Class
5), minor alteration in land use limitations.
Section 2: Findinas:
1. The proposed project will be consistent with the general plan.
2. That there are special circumstances applicable to the property
(size, shape, topography, location, or surroundings), or the
intended use of 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 classifications.
The unusual circumstances include the irregular shape. of the lot,
the sloping topography, and the City imposed preservation
constraints. The irregular lot shape coupled with its sloping
topography requi red that the access dri veway wi.nd across the lot to
achieve a lower slope gradient. This in turn has limited the amount
of usable area available for further structural development. In
addition, the City approved grading plans for the underlying tract
map required that one on-site California Pepper tree be preserved in
its natural setting. The referenced tree further constrained the
location of the retaining wall and tennis court and the proximity of
the wall to the court fence because adequate setback from the tree
was required to insure its continued viability.
3. 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 zone and denied to the
property for which the variance is sought in that the retaining wall
and fence are necessary to better utilize the front yard area and
provide adequate privacy screening.
The variance is sought in that the retaining wall is necessary to
site the tennis court and better utilize the sloping front yard
area.
2091
Resolution No. P- 92-44
Page 2
4. 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 in that the 16 foot wall/fence will be screened
by landscaping.
S. The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated, in that
other lots in the subdivision which have adequate yard space may
construct a tennis court.
6. The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the Zoning Ordinance
governing the parcel of property because tennis courts are allowed
as an accessory use in the RR-B zone.
7. Granting the variance or its modification will not be incompatible
with the City of Poway General Plan because of the minimal nature of
the request and the site is designated for single-family development
and related accessory uses.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 92-11 subject to the following
condition:
1. Within 30 days of approval (I) 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.
2. A construction change to grading plan G748-91 showing the new
location of the fence and retaining wall shall be submitted to the
Engineering Services Department for approval prior to final
inspection.
APPROVED and ADOPTED by the City Council of the City,of Poway, State of
California, this 15th day of September 1992. r
(
ATTEST:
k1\JtU.>,-G:-
Wahlsten, City Clerk
2092
Resolution No. P- 92-44
Page 3
STATE OF CALIFORNIA
)
) 55.
)
COUNTY OF SAN DIEGO
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-92-44
, was duly adopted by the City Council at a meeting of said City Council
held on the 15th day of September , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON. MCINTYRE, SNESKO. GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~
City Clerk
AEPOAT\YAR9211.RES