Covenant Regarding Real Property 1996-0174226
1083
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09-APR-1996 09=05 AM
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RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
POBOX 788 )
POWAY CA 82074-0788 )
)
No Tranafer Till Due )
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RF: lO.CO FEES: 22.00
AF: 11. 00
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(Thl. .pace for Record..... Use)
COVENANT REGARDING REAL PROPERTY
Gary Brenner and April WYber ("OWNERs' hereinafter) are the owners 01 real property described
In ExhIbit A which 18 8IIllChed hereto and made a part hereof and which Is commonly known 88 Assessor's
Parcel Number 321-140-17 ("PROPERTY" hereinafter). In consideration 01 the approval 01 Variance 96-{)1
by the CIty 01 Poway iClTY" hereinafter), OWNERs hereby agree to abide by conditions 01 the attached
resolution (Exhibit B).
This Covenant shell run wtth the land and be binding upon and Inure to the benefil 01 the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns 01 the
respective parties.
In the event that Variance 96-01 expires or Is resclnded by City CooneY at the request 01 the
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
In the event oIllllgatlon to enforce the provisions 01 this Covenant, the prevaDIng party shaU be
entllled to full relmbursement 01 all costs, Including reasonable attorneys' fees, from the other party.
Dated: ~:) o( q ~
4J
Gary Brenner, OWNER (Notarize)
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~ OWNER (Notarize)
CITY OF POWAY
Dated: v1" v-..j". '>', I 1 f {,
Dated: 3-/9-9&
By:
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1084
. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
before me, rfdWlW1\(? I'VI {'Lr11h~
Name and Tille of Officer (e.g., "Jane Doe, Notary Public")
~hd L-,rt'1 tvr/~
Name~f ~gner(s)
D personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s)
(~ whose name(s) is/~ubscribed to the within instrument
and acknowledgecno me that he/she/~xecuted the
same in his/her/t~uthorized capac1iY(les), and that by
his/her/~nature(s) on the instrument the person(s),
or the enmy upon behalf of which the person(s) acted,
executed the instrument.
State of fa ( ( JvntJ 0:-
c--){lr1'7)(Jl.JO
On P--0vUt. 3U ,11tf~
Date
9t Ofy /!;r enntr
County of
personally appeared
I@""TAMMYR.MARTINSON ,
.... COMM. '1050400 n
0, NOTARY PUIlUC-CAlFORNIA iii
0l) ~... SAN DIEGO COUNTY n
, My Commission Expinls ..
I . JANUARY 27, 1999 ,
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: COV~I'\....~ ~ju.1~ ~\
Document Date:
1YI1.r~~ ~Ol I'I'I~
,.;~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: nary (j v..e V/f\f Y
~ Individuai
tJ' Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
r?"'luJ.,
Number of Pages: 2..
Signer's Name: -.f1prl ( WI I be-f'
~ Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
@1994NationaINotaryAssociation.8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
1085
LEGAL DESCRIPTION
Lot 17 of BELVEDERE ESTATES UNIT NO.1, in the County of San Diego, State of
California, according to Map thereof No. 4015, filed in the County Recorder of San
Diego County, November 19,1958.
EXIHIBIT A
1086
RESOLUTION NO. P- 96./7
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 96-01
ASSESSOR'S PARCEL NUMBER 321-140-17
WHEREAS, Variance 96-01 submitted by Gary Brenner and April Wilber,
Applicants, requests the approval to construct a six-foot solid wood fence within
the required front yard setback for the property located at 14139 Donart Drive,
in the RR-C zone; and
WHEREAS, on March 19, 1996, .the City Council held a duly advertised publ ic
hearing to solicit comments from the public, both pr~ ~nd 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 96-01 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5, as the project is a minor alteration to land use limitations.
Section 2: Findinas:
1. The approved project is consistent with the general plan in that it
proposes the construction of an accessory structure to a single
family home within lots 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 include the fact that the lot is irregular
in shape and topography, so that the home is placed in an unusual
part of the property leaving the usable yard area exposed to noise,
dust and traffic requirements.
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 zoning for which the
variance is sought, in that all other lots provide a private
backyard area which is shielded from the roadway by the position of
the house.
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 prOVided that the corners of the
fence are modified to provide adequate sight-triangles for both the
applicants and their immediate neighbors to the east.
EXHIBIT B
1087
Resolution No. P-96-17
Page 2
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 the property is located in an area
where, although the lots are of similar size, there is some variance
in lot dimensions and topography.
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.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 96-01, 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.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. The fence shall be constructed in conformance with Section 17.08.220.C of
the Poway Zoning Ordinance, Walls and Fences, providing corner cut-offs
with adequate sight-triangles.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
3. This approval shall become null and void if the fence is not built within
two years from the date of project approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of March, 1996.
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ATTEST:
~\f.[,;t~ ~"k
I ~y -'fy. uncIot 1M ~
01 perjury, that 1M .vo wi
foregoing is a true ond C9fffit
~py of Resolution NoE- r?.~
as adopted by the Clly Council 'f
Poway, California on 'he I ffl.
"'ay of-m~ 19?f-.
,~.
I MARJoRJf K. W AHLSTEN, CITY CURIC
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1088
Resolution No. P-96-17
Page 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
~-f8-17 ,was duly adopted by the City Council at a meeting of said City Council
e on the 19th day of March , 1996, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
.:\cfty\planning\report\vor9601.rso