Covenant Regarding Real Property 1992-0438886
CITY OF POWAY
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591
Dr~ # 1992-0438886
14-JUL-1992 09=48 AM
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
OFF I ~ I AL RCORCE:
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~Nk:~TE EVANS: COU~TykpErDRnr;~~
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WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Francis C. Hopper and Dorothy K. Hopper, husband and wife as
community property ("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 273-163-06 ("PROPERTY" hereinafter). In consideration of
the approval of Var iance 92-05 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
( Ex h i bit 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In the event that Variance 92-05 expires or is rescinded by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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FRANCIS C. HOPPER
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OWNER (Notarize)
Dated:
7/7 /9.;;...
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Dated: YhJU /&; /990l.
CITY OF POWAY
By
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(No need to otarize)
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592
ORDER NO
927032
EXHIBIT "A"
LOT 261 OF VALLE VERDE COUNTRY CLUB ESTATES, IN THE CITY OF SAN DIEGO,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 21, 1960.
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~" . OFFICIAL NOTARY SEAL ~
. -. PHYLbl8 CAROL MANFUL ~
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! ~. . SAN DIEGO COUNTY
, . MY COmm. Expir..D~C 05.1995
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PAR'mERSBIP ~
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State of
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County of
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On this the 7f:t. day of n 19 R, before me, *
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the undersigned Notary Public, personally appeared *
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&prOVed to me on the basis of satisfactory evidence :
f.6 ~ the person(s) whose narre(s} IUE subscribed *
to the within instrument, and acknowledged that rflEY *
executed it, *
~ my hand and official seal. :
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On this the day -.of 19 _, before me, *
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the undersigned Notary Public, personally appeared
o personally known to me *
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o 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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On this the day of 19 _, before me, *
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the undersigned Notary Public, personally appeared
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o personally known to me
n proved to me on the basis of satisfactory evidence to
'De the person(s} who executed the within instrument as
or on behalf of the corporation *
and acknowledged to me that the corporation *
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therein named,
executed it,
WI'rnESS my hand and official seal,
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(6/84)
5"'.
RESOLUTION NO. P-92-29
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-05
ASSESSOR'S PARCEL NUMBER 273-163-06
WHEREAS, Variance 92-05 submi tted by Francis Hopper,
applicant, requests approval for construction of a 312 square foot
garage addition which will observe a 22~ foot front yard setback
where a 25 foot setback is required, The property is located at
17122 Tam O'Shanter Drive in the RS-4 zone; and
WHEREAS, on June 16, 1992 , the Ci t y Counc il 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 resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that Variance 92-05 is exempt from the
provisions of the California Environmental Quality Act,
Categorical Exemption Classes 5 and 3 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: Findinqs:
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 circumstances include 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, Another special circumstance that
supports a variance approval is the interior design of
the garage, The steps leading from the floor level of
the house to the garage intrude into the parking area,
thereby limiting safe and easy interior access from the
house to the garage, The proposed garage expansion will
remedy this problem,
",95
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Resolution No, P-92-29
Page 2
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 variance will allow the applicant to enlarge the
existing two car garage to a three car garage, other
residences in the vicinity have three-car garages.
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,
3.
5.
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,
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 General Plan was adopted,
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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 expansion of
a residential unit in the Residential Single-Family 4
zone,
Section 3: City Council Decision:
The City Council hereby approves Variance 92~05 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,
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Resolution No, P-92-29
page 3
The appropriate Building Department ,approvals shall be
received prior to initiation of construction,
3, This permit shall become null and void on June 16, 1994 if
building permits have not been issued,
2,
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 16th day of June 1992,
ATTEST:
Mayor
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K, Wahlsten, City 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-92-29 , was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of ____
May , 1992, and that it was so adopted by the following
vote:
AYES:
EMERY, MCINTYRE, SNESKO, GOLDSMITH'
NONE
NOES:
ABSTAIN: NONE
ABSENT: HIGGINSON
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Marjo
City
K;?U~
K, Wahlsten, City Clerk
oway
REPORTIVAR920S.RES