Covenant Regarding Real Property 1992-0785613
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OB-OEC-1992 08=49 AM
RECORDING REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
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No Transfer Tax Due )
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
.AHHETTEEUAHS, COUHTY RECORDER
RF: 8.00 FEES: 20.00
AF: 11.00
MF: 1. 00
(This soace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Jack D. and Barbara R. Bartroff, husband and wife, as joint tenants ('OWNER'
hereinafter) is the owner 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 275-500-27
('PROPERTY' hereinafter). In consideration of the approval of Variance 92-16 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In the event that Variance 92-16 expires or is rescinded by City Council at the request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.
.A
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:
{I /~/=t"--'
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JACK . ARTROFF, 0 (Notarize)
BARBARA R. ~~dR (Notanze)
CITY OF POWAY
Dated:
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Dated:
By ~ 1dA...~H -t/!..rtn1Y-tv.
(No need to Notari )
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LEGAL DESCRIPTION
LOT 53 OF GREEN VALLEY HIGHLANDS, UNIT NO.1, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6228, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 20, 1968.
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()J. this the ./lD#day of /Vou..-A~ 19 U, before me, *
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the signed Notary Public, personally appeared *
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. . PEG ANDERSON
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SAN DIEGO COUNTY
\ My Comm. Expires Jan. 1, 1994
~sonallY known to lie
t1 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Circ.. subs9ribed
to the within instrulrent, and acknowledged that TAt:../
executed i . {
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before me,
the undersigned Notary Public, personally appeared
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t1 persooally known to lie
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to be the person (s) who executed the wi thin inst.nment
on behalf of the partnership, and acknowledged to lie that
the partnership executed it.
WITNESS my hand and official seal.
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* Notary's Signature *
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()J. this the
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day of
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the undersigned Notary Public, personally appeared
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t1 personally knCMll to me *
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t1 proved to lie on the basis of satisfactory evidence to *
be the person(s) who executed the within instrumant as *
or on behalf of the corporation *
and ackn<::Mledged to lie that the corporation *
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therein named,
executed it.
WITNESS my hand and official seal.
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717
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RESOLUTION NO. P- 92-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-16
ASSESSOR'S PARCEL NUMBER 275-500-27
WHEREAS, Variance 92-16 submitted by Jack and Barbara Bartroff, appl icants,
request approval for construction of a second story addition which will observe
a 12 foot side yard setback where a 20 foot setback is required. The property
is located at 13652 Acorn Patch Lane in the RR-C zone; and
WHEREAS, on November 10, 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 Findinos:
The City Council finds that Variance 92-16 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 will be 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 circ.umstances appl icable to the prope'rty, and
because of thi s, the stri ct appl i cat i on of the Zoni ng Ord i nance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
3. The special circumstances associated with the property that support
a variance are:
a. The home was constructed prior to the adoption of the current
Zoning Ordinance at a time when 10-15 foot side yard setbacks
were acceptable in that neighborhood. There are several other
homes on the same block which are similarly sited.
b. The home was not placed parallel to the side property lines
but rather on an angl e and the lot is somewhat i rregul ar in
shape. Any logical addition to the rear of the house would
require a further incursion into the side setback.
c. There is a substantial slope in the rear yard which precludes
the placement of an addition on the bottom floor, taking into
account the placement of the pool and small patio areas, and
the location of the septic system.
718
Resolution No. P-92-65
Page Z
d. The closest home to the west is located approximately 180-200
feet from the subject home and is visually separated by the
avocado grove on that property. The subject house is also
well screened by mature vegetation on all other sides.
4. 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 20 foot side yard setback
because they were built prior to the adoption of the current zoning
code.
5. 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 because the subject lot contains
mature landscaping which screens views of the house from the street
as well as from surrounding properties.
6. That the granting of this variance does not constitute a special
privilege inconsistent which the limitation upon other properties in
the vicinity and zone in that other properties on the same street
observe a similar or lesser side yard setback.
7. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the 'parcel or property in that the proposed
project is an addition to a residential unit in the Rural
Residential C zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 92-16, subject to the following
cond it ions:
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:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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2.
Resolution No. P- 92-65
Page 3
The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. This approval shall become null and void on November 10, 1994 if building
permits have not been issued by that date.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this lOth day of November 1992.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) SS.
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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-92-65,
was duly adopted by the City Council at a meeting of said City Council held on
the 10th day of November 1992, and that it was so adopted by the
following vote:
AYES: HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
REPORTIVAR9216.RES
(Note: One vacancy created by termination of Mayor Goldsmith's appointed term
on November 3, 1992.)