Covenant Regarding Real Property 1989-035566
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~EC~OgDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED, MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Yefim and Galina Rovner, husband and wife ("OWNERS" hereinafter) are the
owners ofr.ea1 property described -in Exhibit, f.'whicl1 isat;tached hereto and made
a par-thereof and which is commonly known 'as Assessor' 5 Parcel Numbe,r 314,,-213'-'41
("PROPERTY" hereinafter). Inconsi deration of the approvaJ of Vari ance 88-09 by
the CHyof Poway ("CITY" hereinafter), OWNER hereby cov.enants and agrees for
the b,enefit of the CITY ,to abide lly conditions 6.f the, attached resolution
(Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future, own~r-s, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that Var;ance 88-09 expire or are resc.inded by City Council at
the request of the OWNER, CITY shall expunge this Covenant from ~he record title
of the PROPERTY.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing part)' shall be entitled to, fuJ 1 reimbursement of all
costs, including reasonab 1 eattorneys' fees, from. the other party. :rhe qTYmay
assign to persons impacted by ~he performance of this Covenant the right to
enforce this Covenant against OWNER.
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o~7-<A _
(Nota.riie)
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OWNER
(Notari ze )
Dated:
{IN/t! 5-
1/1z/89
Dated:
Dated: January 3, 1989
CITY OF POWAY
By KiL. 0J~- {/2~
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On ~ I~ /t1ftf
for a.i d Stat , p . sona lly
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before
appeared
in and
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to me or proved to me on the basis of satis-
factory evidence to be the person:;; whose
name~ subscribed to the within instrument
and iiCK1iOwledged tha~executed the same.
WITNESS my hand and offici a1 seal.
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Date rc /~. /c1d-9
OFFICIAL SEAL
PHYlLIS CAROL MANFUL
NOTARY PUBLIC - C:\Ui-'ORNIA
SAN DIEGO Gourn'(
My comm. expires rtDV 23. IS!:1 >
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ORDER NO. 49882-2
D-';]U811l
SCHEDULE A (CONTINUED)
3.
The land referred to in the Report is situated in
California, County of San Diego, and is described
the State of
as follows:
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PARCEL 1:
Parcel l.,of ,parcel Map Ne, 2610, filed in the Office of the County Re~order
vf San DiegoCciunty" May 2, 197~, being a por,tion of the Southwest Quarter
vf the Sou.thea'st Quarter of Section 12, Township 14 South, Range 2 West,
San Bernardino Base and Meridian, in the City of poway, County of San
Diego, State of Caiifornia, according to United States Goverruneht Survey.
PARCEL 2:
l,n easement for road and public utility purposes over, under, along and
acress a strip of land 40.00 feet in width, the West line thereof'being
described as follows:
Cormnencing at the Northwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 12; thence East 440.00'feet to the TRUE
POINT OF BEGINNING; thence South to the intersection with the Westerlv
prolongation Df the South lirie of the above described parcel, distani
thereon Westerly 40 feet from the Southwest corner thereof.
Pi\RCEL 3:
An easement for road and public utility purposes over, under, along and
across that portion of said Section 12, described a~ follows:-
Beg~nning at the point of {ntersection of the center 'line of York Avenue
with the center line of Edgemoor Street, as shown on Map of Piermont No.
785, filed in the Office ofthlO! County Recorder ,of said CouJ)ty, :said
S,treets being vacated and closed by Resolution of the Board of Supervisors
August 6, 1901; thence Easterly along the center line of said Edge,moor
Street to an interse-ction with the East line of said portion of Edgemoor
Street as vaca'ted; thence Southerly along sa'idEast line to an: intersection'
with the Southerly line of said Edgemoor Street as vacated; thence Westerly
along sajd Southerly line to an intersection with the center line of said
York Avenue; thence Northerly along said center line to the Point of
Beginning.
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RESOLUTION NO. P-89-01
A RESOLUTION OF 'THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 88-09
ASSESSOR'S PARCEL NUMBER 314~213-41
WHEREAS, Variance 88-09, submitted by Yefim and ~alina Rovner, applicants,
requests a two foot two inch reduction of the required 25 foot front yard sef~
back in the RS-3 zone to allow the construction of a two car garage for the
existing residence at 13923 York Avenue, in the RS-3 (Residential Single-Family
3) 'zone,; and
WHEREAS, on January 3, 1989, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
app,licati on.
NOW, THEREFORE, the City of Poway does hereby resolve as follows:
Section 1: Environmental Findings:
The project is exempt from Environmental Review. It qualifies for a Class 5
categorical exemption because the variance is a minor alteration to land use
limitations.
Section 2:
Findinas:
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1. There are special c~rcumstances applicable to the property (size,
shape, topography, location, or surroundings), or the intended use of
tne property,and because of tnis, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by other proper-
ties in the vicinity under identical zoning classifications.
The subject lot is narrow which eTiminates any addition on the side
yard. This constraint together with the location and design of the
existing residence limits the siting of the garage.
2. Granting the variance or its modification is necessary for the preser-
vation and enjoyment of a substantial property right possessed by other
property in the same vid nity and zone and den i ed to the property for
which the vari~nce is sought.
Granting of the variance. will allow the applicant to construct a two
car garage in a 109ically situated area given the location and design
of the existing structure on the lot.
3. Granting the variance or its modification will not be materially detri-
mental to the public health, Safety or wertare, or injurious to the
property or improvements in such vicinity and zone in I,hich the pro-
perty is located.
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Resolution No. P-89-01
Page 2
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The proposed garage will provide ,enc,losed parking for'the applicant's
vehiCles which are currently parked i'n the driveway , resu.1ti,ng in a
'vi sua1 benefi t for surroundi ng properties,. The construction wi 11 'hot
result in any detrimental impact to the public health, safe;ty, or
welfare and will not be injurious to other properties' in the vicinity.
4. The granting of this variance does not constitute a special privileg:e
inconsistent with the limitations upon other properties in the -vicinity
and zone in which such property is situated.
All single-family residences are required to have a two car garage.
Th~ other ,properti es ih the area currently have garages..: The appJi'cant
Js requesting ,the v,ariance to allow thern'tohave the enc10sedparkTng
tha,t surrounding properties already possess.
5. The grantirig of this vari ance does riot allow a use or acth.ity whi ch is
not otherwise ~xpressly authorized by the zoning regulation governing
the parce 1 of property.
The proposed construCtlon of the two car garage wi 11 allow the property
to meet the off-s-treet parking requirement for single family ho'mes in
the RS-3 zone.
6. The granting 9J the variance or its modification will not be incom-
patible with the City of POI'lay General Plan.
The granting 6f the variance will allow the construction of a residen,
tial garage ,to be used for parking purposes which is consistent with
the General Plan.
Section 3: City Council Decision:
The City Council hereby finds that Variance 88-09 is approved subject to the
following conditions:
1. Within 30 days of approval: (l} The app'l icanJ shall submit in wrihng
tha:t all conaitions'bf approvai have b'een read and und'erstood'; and ,(Zl
the propertyowrier Shall execute a Cov,enaht on Real Property.
2. All of the necessary building per-mHsshilll be obtained for the 9arage
conversion prior to issuance of buiJding permits for the new ,structure.
3. IJ the garage is des:igned as, front entrY and a new drivelvay approach is
constructed, the following conditi,ons ,shall be met:
a. The existing asphalt driveway sh-all be removed so that no more
than 50 percent of the front yard ,setbaCK i's covered by dri veway
or other concrete or asphalt concrete areas.
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Resolution No. P- 89-01
Page 3
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All ne\~ driveway construction shall !5e in accordance \~.ith Section
17.08.)80.P of the Poway Municipal Code.
A right-of-way permit shall be obtained from the City's Public
Services Depa'rtment for any work to be done ~lithin the publ ic
street righf~of"way. Said \~ork shall include, but is not to be
limited to, construction of driveway approach, sewer latera!
installation, water service line installation, street: construction
(including'conc~ete curb, 9utter, and sidewalk). Permit shall be
obtainea prior to start of work.
c.
4. The construction finishes and roofline of the garage sha,ll be archi,tec,-
turally compatible, ~Iith the exi'sting home.,
5. Approval of this, variance request shall not waive compl iance with all
othe~ sections of the loning Development Code and all other applicable
City ordinances i!n effect at the time of building permit issuance.
6. The applicant sha,ll comply with the latest adopted, Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, National E-;lectric
Code, Uniform Fire Code, and all other applicable code and ordinances
in effect at the ~ime of building permit issuance.
7. This approv,alshall become null and void on January 3, 1990 if building
permits have not been issued, unless a time extension is granted by the
City CounciL Application for a time extens,ion must be received in the
Planning Services Department no later than 90 days prior to the expira-
tion date of this permit.
APPROVED and ADOPTED by the City
California, this 3rd day of January,
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Counc'il of the City of PO\~ay, State of
197! I
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Carl R_ Kruse, Mayor
ATTEST:
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Marjorie K'. ,Wahlsten, CiLy Clerk