Covenant Regarding Real Property 1991-0526942
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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 POWA Y
P.O. BOX 789
POWAY. CA 92064
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Fr,e1Y\lirk
Alice M. Avila, a married woman as her sole and separate
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 317-
761-07 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 91-08 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In the event that Variance 91-08 expires or is rescinded by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.
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Dated:
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OWNER (Notarize)
Dated:
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CITY OF POWAY
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TATE OF CALIFORNIA..., . } 1
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signed otary Public, person')!!Y appeared
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(personally known to me) or (proved to me on the basis of
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sIGNATURE~4/}' )
SAV.193 16/90)
(SEAL)
OFFICIAL SEAl.
J. STUAN
NOTARY PUBLIC-CALlFORNIA
PAINCi!=tAL OffICE IN
SAN DiEGO COUNTY
My CornrnIsflkm Exp. Oeo&trber 26. ,183
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1099
LOT 447 OF HOLIDAY ESTATES UNIT NO.7, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8347, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1976.
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RESOLUTION NO. P-91-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 91-08
ASSESSOR'S PARCEL NUMBER 317-761-07
WHEREAS, Variance 91-08, submitted by Alice Friemark,
applicant, requests approval of a variance for a nine foot, four
inch wall and fence located at 13726 McKenzie Avenue where a six
foot total height is the maximum permitted in the RS-7 zone; and
WHEREAS, on September 10, 1991, 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 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 will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed 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 a three foot grade
differential between the subject property and the
adjacent large vacant floodplain/floodway property
located west of the project site. The three foot high
retaining wall has been utilized to elevate the entire,
rear yard above the flood plain. Placement of a three
foot high wooden fence above the existing retaining wall
would not allow the subj ect property owner the same
privacy enjoyed by other properties in the vicinity.
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
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Resolution No. P- 91-58
Page 2
the variance is sought in that the retaining wall and
fence are necessary to fully utilize the entire rear yard
and provide adequate privacy screening.
4. 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 have six foot high privacy fencing along rear
property lines and the variance is necessary to secure
this right for the subject lot.
5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property
because rear property line fencing is required by the
Zoning Ordinance for smaller single-family lots.
6. 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.
Section 3: City Council Decision:
The City Council hereby approves Variance 91-08 subject to the
following condition:
1. 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.
APPROVED and ADOPTED by the City Council of tre City of Poway,
stote of C.liforo'., th." >Cth d.y of septr;:r ".. /\
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'\ Jan\,G" ol\ds\"ith, Mayor
ATTEST: \ ' \
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Wahlsten, City Clerk
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Resolution No. P-91-58
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-9J-58 . was duly adopted by the City Council
at a meeting of said City Council held on the 10th day of ____
Seotember , 1991, and that it was so adopted by the following
vote:
AYES:
ErmRY, HIGGINSON, l-'iCINTYRE, SNESKO, GOLDSBITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Clerk
REPORT\VAR9108.RES