Covenant Regarding Real Property 1993-0256949
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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
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Peter H. Molnar, Jr. and Karen A. Molnar, 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 317-750-50 ("PROPERTY"
hereinafter). In consideration of the approval of Variance 93-03 and Minor Development Review 93-06
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In the event that Variance 93-03 and Minor Development Review 93-06 expire or are rescinded
by City Council at the request of the OWN ER, 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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CITY OF POWAY
Dated:
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ACKNOWLEDGEMENT
STATE OF CALlFQRNIA" '
COUNTY OF ,_"t'~" I",U! 6"
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OFFICIAL SEAL
MICHELE JANAK
NOTARY PUBLIC-CAliFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
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personally known to me (or ~...ygd l6 ".6 <5F1 t~e b&~iJ or a8A:lsf....."'1. .....l~...n...o) to be
the person(s) whose name~s is/are subscribed to the wfthlr] Instrument and ae.
knowled ad to me that ~ ey executed the same In tJfs r/their authorized
capaclty~eS), and that by h' ~helr signature(s) on the Instr~nt the person(s).
or the entity upon behalf 0 which the person(s) acted, executed the Instrument.
WITN ESS my hand and oftlclal seal.
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(This area for ofllclal seal) Signature
ATTENTION NOTARY: 'The following Information Is not mandatory, howaver It could prevent fraudulent attachment of t I ~rtlflcate to another document.,:\
THIS CERTIFICATE MUST BE ATTACHED Tille or Type of Document }o vena Y1+ f'~e'!J6 ~ r ./{{)pertr-l
TOTHE DOCUMENT DESCRIBED AT RIGHT: Total NumberotPages Date of Document 2!d!!. .lj U
MI&45 (R<w, '/931 Slgner(s) Other Thsn Named Above () D n C
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LEGAL DESCRIPTION
LOT 115 OF CASA REAL POWAY, UNIT NO. 41N THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
7722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, AUGUST
15,1973.
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RESOLUTION NO. P-93-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-03 AND
MINOR DEVELOPMENT REVIEW 93-06
ASSESSOR'S PARCEL NUMBER 317-750-15
WHEREAS, Variance 93-03 and Minor Development Review 93-06, submitted by
Peter and Karen Molnar, applicants, request approval for construction of a 1243
square foot second story addition to an existing single-family dwelling. The
addition will observe a 21 '5" front yard setback where a 25 foot setback is
required. The property is located at 12852 Reo Real Drive in the RS-7 zone; and
WHEREAS, on April 13, 1993, 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 93-03 and Minor Development Review
93-06 are exempt from the provisions of the California Environmental
Quality Act, as the project involves an addition to an existing single-
family dwelling (Class 3) and a minor alteration to land use limitations
(Class 5).
Section 2: Findinos:
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 appl ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances which apply to this property and support
the variance request incl ude the fact that the neighborhood was
developed prior to the adoption of the current zoning for the area.
The residences in the neighborhood observe varied front yard
setbacks and in most cases the setback observation is less than the
25 feet required in the zone. Another factor which affects the lot
is its irregular shape. The lot is wide at the front and narrows at
the rear. Consequently, the bulk of the lot area is impacted by
front yard and street side yard setbacks which lessens the area
available for building expansion.
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 vie; ni ty and zoni n9 for whi ch the
variance is sought.
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Resolution No. P-93-14
Page 2
The subject property is located in an area where the majority of the
residences observe less than the required 25 foot front yard
setback. Other second stories have been built in the neighborhood.
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.
The proposed encroachment will not have a negative impact due to the
fact that (I) the residences in the neighborhood observe varied
front yard setbacks; (2) because the 3'7" encroachment is too small
in size to result in any serious impact; and (3) because the
addition has been designed to enhance the appearance of the 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 fail to meet 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 in that the
proposed project is an addition to a residential unit in an area
zoned for single-family residential use.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-03 and Minor Development
Review 93-06 subject to the following conditions:
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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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. School fees shall be paid for the additional habitable space.
4. This permit shall become null and void on April 13, 1995 if building
permits have not been issued.
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Resolution No. P-93-14
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COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not to be limited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall be obtained
prior to start of work.
2. The following development fee shall be paid to Engineering Services
Department prior to building permit issuance. This fee is currently in
effect, but is subject to change.
Drainage Fee
$1200
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April 1993.
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Don Higginson, a
ATTEST:
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Resolution No. P-93-l4
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STATE OF CALIFORNIA
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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-93-14 , was duly adopted by the City Council at a meeting of said City Council
held on the 13th day of April , 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
REPORT\YAR9303.RES
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