Covenant Regarding Real Property 1992-0162844
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
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Dor-u 1992-0162844
24-MAR-1992 10=36 AM
OFFICIAL RECOPDS
SAN DIEGO COUNTY RECORDER'S OFFICE
AHNETTE EVANS, COUNTY RECORDER
RF: 8.00 FEES:
AF: 11. 00
MF: 1. 00
20. JD
COVENANT REGARDING REAL PROPERTY
(This space for Recorder's Use)
Robert L. Bloemker and Dolores E. Bloemker, 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 317-031-62 ("PROPERTY" hereinafter). In consideration of
the approval of Variance 92-01 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In the event that Variance 92-01 expires or is rescinded by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: 2,..;;; ~R-If /9'12-
Dated: ...:?-o),cJ-j?2.-
Dated: ~J.. /4 199~
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~WNER (Notarize)
DV~ ~O.E~~
OWNER (Notarize)
CITY OF POWA Y
By
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(No need t Notar ze)
1389
All that portion of Block 2B in Tract "F" of POWAY, in
the County of San Diego, State of California, according
to Map thereof No. 536, filed in the Office of the
County Recorder of San Diego County, May 7, 1888,
together with portions of the Southerly Half of Sixth
Street and the Westerly Half of Pomerado Road (formerly
Escondido Avenue) as said street and road are shown on
said Map No. 536 and of the alley lying between said
Block 28 and Lot 29 as said alley was vacated and
closed to public use, lying Southerly of a line which
is 60.00 feet Southerly of and parallel to the center
line of said Sixth Street and Easterly of the Westerly
line of said alley, and Northerly of a line which is
120 feet Southerly of a parallel to the centerline of
said Sixth Street.
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* State of f.a1.; ~~
: Camty of~ 110
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, lFFICIAL SEAL
fv'\~RI" LOFTON
NctC:,\' Publ!c.cautomIa
SAN DIEGO COUNIY
~ Commission ElcI*II
Apr1I26, 191M
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1390
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en this th~tiJjay ~ 19~, before ne, *
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the undersi~ N:,fary PAb1fc, per#nallY ~Erl
lJJ~ ~K~gj7dJ~
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-E- ~sv.wly lmown ~ _
g proved to me on the basis of satisfactory evidence
to be the per~ whose nama!9 tDu ~ibed
to the within instrument, and ackncMledgErl that ,
executed it.
WI'mESS my hand and official seal. *
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l'ARlNERSHIP ~
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* State of
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en this the
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day of
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before ne, *
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* Notary I s Signature *
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cxm>alATE ~
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* State of en this the day of 19 _, before Ire, *
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the undersigned Notary Public, personally ~Erl
tl personally known to Ire
tl proved to Ire on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and ack:oowlErlged to Ire that
the partnership executed it.
WI'mESS my hand and official seal.
tl personally known to Ire
tl proved to Ire on the basis of satisfactory evidence to
be the person (s) who executed the wi thin instr1.lnEnt as *
or on behalf of the corporation *
and acknowlErlgErl to Ire that the corporation *
therein naned,
executed it.
WI'mESS my hand and official seal,
Notary's Signature
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1391
RESOLUTION NO. p-92-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-01
ASSESSOR'S PARCEL NUMBER 317-031-62
WHEREAS, Variance 92-01, submitted by Robert and Dolores
Bloemker, applicants, request approval of a variance to allow a
proposed 400 square foot attached addition to encroach into the
required rear yard setback by 7 1/2 feet. The property is located
at 13758 pomerado Road in the RS-7 zone; and
WHEREAS, on March 17,1992, the City Council held a duly
advertised public hearing to solicit comments from the public both
pro and con, relative to the application.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
This project is categorically exempt under the provisions of
CEQA (Class 5), minor alteration in land use limitations
Section 2: Findinqs:
1. The proposed proj ect is consistent with the existing
general plan in that room additions are allowed in
residential single-family zones.
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
classification.
The unusual circumstances include a steeply sloping front
yard which required that the existing house be sited deep
on the lot. This placement of the house has limited the
amount of potential development that could be
accommodated at the rear of the property without a
variance. The steep sloping front yard area also limits
additional development from being sited in front of the
existing house without additional grading.
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 zone and denied to the property for
which the variance is sought.
"EXHIBIT B"
1392
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Resolution No. P-92-13
Page 2
The granting of the requested variance will allow the
construction of needed additional living area to an
existing modest sized single-family residence.
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 in that residential additions are permitted in
the RS-7 zone.
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5. 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 residential additions are
permitted in the RS-7 zone.
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.
The granting of the requested variance will allow the
construction of the proposed addition. The use is
consistent with the Zoning Ordinance governing the
property.
7. That granting the variance or its modification will not
be incompatible with the City of poway General Plan in
that the General Plan allows the construction of single-
family additions and the proposed addition will comply
with all of the required development guidelines.
Section 3: City Council Decision:
The City Council hereby approves Variance 92-01 subject to the
following conditions:
1. Wi thin 30 days of approval: (a) the applicant shall
submit in writing that all conditions of approval have
been read and understood; and (b) the property owner
shall execute a Covenant on Real Property.
2. The appropriate Building Department approvals shall be
obtained for the proposed addition.
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3.
This approval shall become null and void if building
permits are not issued for this project within two years
from the date of project 2iproval.
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1393
Resolution No. p- 92-13
Page 3
APPROVED and ADOPTED by the City Council of he City of Poway,
state of California, this 17th day of Marcn 199 .
ATTEST:
Mayor
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Jan
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Clerk
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-92-13 , was duly adopted by the City Council
at a meeting of said City Council held on the 17th day of ____
March , 1992, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
k#ViMJ,-t.",
e K. Wahlsten, City Clerk
poway
REPORTIVAR9201.RES