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ADJ2016-00117 ADi 2016 - 00117 BCS Development NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT LLA2016-00010 n DEVELOPMENT ADJUSTMENT ADJ2016-00117 BCS DEVELOPMENT, LLC TIGARD 120 DAYS = April 19, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: BCS DEVELOPMENT, LLC CASE NO.: Lot Line Adjustment(LLA) LLA2016-00010 Development Adjustment(ADJ) ADJ2016-00117 PROPOSAL: The applicant is proposing a lot line adjustment affecting two properties: WCTM 2S103CA,Tax Lot 101 (Parcel 1);and 13185 SW 115`''Avenue;WCTM 2S103CA, Tax Lot 110 (Parcel 2). As a result of this lot line adjustment, Parcel 1 will be 18,077 square feet in size, and Parcel 2 will be 12,691 square feet in size. This proposal is the first in a series of three applications for lot line adjustments. The applicant ultimately proposes to reconfigure Parcels 1, 2, and an adjacent property (WCTM 2S103CA, Tax Lot 111), in order to accommodate the future construction of two new detached, single-family homes. In addition, the applicant requests one development adjustment to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet(20%). APPLICANT: NW Engineers,LLC Attn: Matt Newman 6409 NW John Olsen Place Hillsboro,OR 97124 OWNERS OF BCS Development,LLC PARCELS 1&2: Attn: Bruce Sinkey 19705 SW 65"'Avenue Tualatin, OR 97062 LOCATIONS: PARCEL 1: WCTM 2S103CA,Tax Lot 101 PARCEL 2: 13185 SW 115th Avenue;WCTM 2S103CA,Tax Lot 110 ZONING DESIGNATIONS: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370.020.13, 18.410.040 LE-12016-00010 and ADJ2016-00117 BCS Development,LLC 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to a condition of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED 1. The applicant shall record the lot line adjustment with Washington County, and submit a copy of the recorded survey map to the city within 15 days of recording to be incorporated into the record. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the west side of SW 115``' Avenue, north of SW Gaarde Street, and south of SW Fonner Street. Parcel 1 is currently a vacant lot that has approximately 25 feet of direct frontage along SW 115`h Avenue. Parcel 2 has approximately 125 feet of direct frontage along SW 115`' Avenue, and is currently occupied by a detached, single-family dwelling with attached garage, a paved driveway, and associated landscaping. Both parcels are zoned Low-Density Residential (R-4.5), as are surrounding properties. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.410 Lot Line Adjustments: 18.410.040 Approval Criteria A. Approval criteria. The director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No additional parcels will be created as a result of this lot line adjustment. Parcel 1 will be 18,077 square feet in size, and Parcel 2 will be 12,691 square feet in size. Accordingly, both lots exceed the minimum lot size for the R-4.5 zone: 7,500 square feet for detached units. This criterion is met. 2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; As a result of this lot line adjustment, Parcel 2 will be reduced in size from 19,565 square feet to 12,691 square feet.The applicant has also submitted a request to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (201/6), which is addressed below under TDC 18.370 Variances and Adjustments. Taking into consideration this development adjustment request, staff finds this lot line adjustment will not result in any violations of the site development or zoning district regulations for the R-4.5 zone. This criterion is met. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; LLA2016-00010 and ADJ2016-00117 BCS Development,LLC 2 The average minimum lot width for the R-4.5 zone is 50 feet for lots with detached units. Staff reviewed the applicant's submitted site plan to confirm the lot widths for both parcels exceed 50 feet. Therefore, this criterion is met. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the access way may not be included in the lot area calculation; Parcel 1 will be 18,077 square feet in size, and Parcel 2 will be 12,691 square feet in size. Accordingly, both lots exceed the minimum lot size for the R-4.5 zone: 7,500 square feet for detached units. In addition, the applicant is not proposing to create any flag lots with this lot line adjustment. This criterion is met. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and As a result of this lot line adjustment, Parcel 1 will have more than 15 feet of direct frontage along SW 115`h Avenue, and Parcel 2 will have approximately 100 feet of direct frontage along SW 115`h Avenue. This criterion is met. d. Setbacks shall be as required by the applicable zoning district. Parcel 1 currently does not contain any structures; accordingly, compliance with minimum setback requirements for the R-4.5 zone will be confirmed prior to building permit submittal. Parcel 2 contains a detached, single-family dwelling with attached garage. As a result of this lot line adjustment, Parcel 2 will be reduced in size from 19,565 square feet to 12,691 square feet. Accordingly,the applicant has also submitted a request to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (201/6),which is addressed below, under TDC 18.370 Variances and Adjustments. Taking into consideration this development adjustment request, staff finds that all existing structures on Parcel 2 meet the minimum setback requirements for the R-4.5 zone.This criterion is met. 4. With regard to flag lots: a. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. b. A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The applicant is not proposing to create any flag lots as a result of this lot line adjustment. Therefore, these criteria do not apply. 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The applicant is not proposing to create a new accessway with this lot line adjustment. In addition, fire hydrants are already in place.This criterion is met. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant is not proposing to create a common drive to serve more than one lot with this lot line adjustment. This criterion does not apply. LL12016-00010 and ADJ2016-00117 BCS Development,LLC 3 7. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. As a result of this lot line adjustment, Parcel 1 will have more than 15 feet of direct frontage along SW 115`h Avenue, and Parcel 2 will have approximately 100 feet of direct frontage along SW 115`h Avenue. This criterion is met. B. Exemptions from dedications.A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. No floodplain,greenway,or right-of-way dedication will be required as part of this lot line adjustment application. C. Variances to development standards.An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. (Ord. 09-13) The applicant has also submitted a request to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (20%). This development adjustment is addressed below,under TDC 18.370 Variances and Adjustments. 18.370 Variances and Adjustments 18.370.020.13 Development Adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5%increase of the maximum lot coverage required in the base zone. The request is to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (20%), which meets the description of 18.370.020.B.1.b. This request is a development adjustment and is being processed through a Type I procedure. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant requests to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (20%). The purpose of this development adjustment is to accommodate a larger building envelope on Parcel 1, for the future construction of a detached, single-family home of a particular design. Staff has evaluated the applicant's submitted site plan and narrative to determine that this adjustment is the least required to achieve the desired effect. This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the relevant development area. This criterion does not apply. c.The adjustment will not impede adequate emergency access to the site; LLA2016-00010 and ADJ2016-00117 BCS Development,LLC 4 Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not impede adequate emergency access to the site. In addition, the subject property has approximately 100 feet of direct frontage along SW 115th Avenue.This criterion is met. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. The applicant requests to reduce the rear yard setback for Parcel 2 from 15 feet to 12 feet (20%). The purpose of this development adjustment is to accommodate a larger building envelope on Parcel 1, for the future construction of a detached, single-family home of a particular design. As demonstrated above, the applicant's proposal complies with the 20% reduction for rear yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is met FINDING: Based on the analysis above, staff finds the approval criteria for Lot Line Adjustments and Development Adjustments are either met, satisfied through conditions of approval, or do not apply.The proposal is in compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision- Lot Line Adjustments and Development Adjustments are Type I procedures. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON DECEMBER 21, 2016 AND BECOMES EFFECTIVE ON DECEMBER 22, 2016 Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503) 718-2438 or I.inaCS@,tigard-or.gov.r�d-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. December 21,2016 APPROVED BY: Lina Smith Assistant Planner LL12016-00010 and ADJ2016-00117 BCS Development,LLC 5 MAILING / NOTIFICATION RECORDS z City of Tigard November 30, 2016 NW Engineers,LLC Attn: Matt Newman 3409 NW John Olsen Place Hillsboro, OR 97124 Re: Completeness Review BCS Development,LLC (LLA2016-00010,LLA2016-00012, and LLA2016-00013) 13185 SW 115th Avenue Tigard, OR 97223 Dear Applicant(s), The City of Tigard Planning Division received your applications for a series of three Lot Line Adjustments at 13185 SW 115th Avenue on the following dates: LLA2016-00010 on August 4, 2016; LLA2016-00012 on August 31, 2016; and LLA2016-00013 on August 31, 2016. Staff has determined that the following additional information is necessary before the applications can be deemed complete: • Lot lines illustrated on the submitted site plans are not consistent with the Washington County Tax Map (2S103CA) and property legal descriptions from warranty deeds. See attachment for more details, and revise plans accordingly. Please feel free to contact me at (503) 718-2438 or LinaCSgtigard-or.g_ov if you have any questions. Thank you, Lina Smith Assistant Planner Attachment: Plans with Staff Comments 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov PAGE 1 �X ",1,9.10 170.00 50' 209 0 �- \ 2S103D8 in 100 C , CO 27 '� 00 �. W 100 1 y� .28 AC . i 75 ~ 193.54 i o 54A2 �� c9--- - -- ---- z it 2S103DB 1�---!e-- Cq 10100 CO LU 74 i s, Why is green lot line not U ' 206 i 210 °z shown on LLA2016-00012? . R= Q°- 20 26 �� > ti`'a - See page 3 700_47 —� 02.20 rn i o 2S103DB Q8' • O 18j.17 W / O 1020000 73 2 �� a L Q- ti� ` � CY/ � r �� i 158.19 205 211 25 19 V o`'� 101 ` � i °' i0300DB R �0 27 AC 45, i m 72 9 i��• 110 NE COR lip / 4 AC 559.241 �r 61.9a 5\1 V�1 5j86 ', Pink lot line no longer exists. Tract 1 6y o a5c / 212 - ° �, and Parcel 1 were consolidated to 24 �� 1 N,5 create Tax Lot 110. a= 0 g� SO. �V G X1.74 ' 9� 1 % a I / ❑ O � I/ c�0. 1 N�;%30003100 2St03DB 2 q 105003 2S103DB 70 \ 10400 213 ^° NIP �� CO � 71 23 3200 45.95 19.01 65.00 °�i 1 pyo>11 ° �� -�-- v— �yi DRIVE Cr_ ; sl G6 A" / _ N 13.47 2S103DB 11100 L1 NZO I(o - '0 PAGE 2 LOCATED IN THE SW 1/4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON LA NO. 1 RECEIVED CENTER OF SECTION 3 NOV 21 2016 RANGE I TOWNSHIP OUT N'EST, W.M. CITY OF T IGARD PLANNING/ENGINEERING DEAD I NO '-'00g-.10;> NT Why is green lot line not ti shown on LLA2016-00012? See page 3 1 o• o� y 158.28• 0 0 Pink lot line no longer exists. Why is this line being adjusted? .� Has it been re-established? I ORIGINAL a O y ` LINE o o ti h 1 n o TRACT 1 �5�8• OLD: 19,029 SOFT I �°j^�o �X3.73• NEW. 21,990 SOFT _ $W I > MMi Q • ADJUSTED LINETRACT 2 z n OLD: 15,652 SOFT v NEW. 12,697 SOFT LOT 3 1p4.86 I z g REGISTERED (n LANDESSIONAL SURVEYOR s 25'082z� 1 N 75.08'22" w i LOT " x•80' 20.64' '�L 7uORE2 OoDS .T L R R� C0 C X LOT I �. SHAUN P. FIDLER E T 1 50333 l� 4 RENEWAL DATE DECEMBER 31, 2017 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PAGE 3 LOCATED IN THE SW 1/4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON LA NO. 2 RLCEIVED CENTER OF SECTIO14 3 TOW14SHIP 2 SOUTH NOV 2 ] 2016 RANGE 1 WEST, W.M. CITY OF TIGARD PIANNING/ENGINEERING �EE�j I N �0CU What happened to the green lot 9-Io A'T line? It should be located about 4 ti 25 feet north of this line 'S 15g•28• TRAC 1 0 A, ^0 OLD: 75,11 SOFTN 7g•gg'19E ��o' NEW 8,97 SOFT 27•73' r76. 54 3g. a � I � 'y�9 S 26 03 wi 31 ADJUSTED �O h� ORIF INAL NELINo ti r�O v0� 9�5,•� MN�n, 3 N 7508" W �� w �O Ig• _ �o.o"' 713.73• I 0ryM I V^N� W Li TRACT 2 g� M OLD: 6,874 SOFT a NEW: 13,515 SOFT I 3 Z ;� In 2" 1p S 7S Oe? E T 3 104 86, ti O REGISTERED (n PROFESSIONAL N 75.0822. W LAND SURVEYOR 20.64' LpT OREGON E L JJLY i� SHAUN 12, 2005 P. FIDLER R A C �C 1 -Z 02' 1 50333 1¢ .9 j, l S„ RENEWAL DATE DECEMBER 31, 2017 SKET C1I TO ACCOMPANY LEGAL DESCRIPTION ME q City of Tigard November 1, 2016 NW Engineers,LLC Attn: Matt Newman 3409 NW John Olsen Place Hillsboro, OR 97124 Re: Completeness Review BCS Development, LLC (LLA2016-00010,LLA2016-00012, and LLA2016-00013) 13185 SW 115th Avenue Tigard, OR 97223 Dear Applicant(s), The City of Tigard Planning Division received your applications for a series of three Lot Line Adjustments at 13185 SW 115th Avenue on the following dates: LLA2016-00010 on August 4, 2016; LLA2016-00012 on August 31, 2016; and LLA2016-00013 on August 31, 2016. Staff has determined that the following additional information is necessary before the applications can be deemed complete: • The proposed parcels do not meet the development standards for the R-4.5 zone, including the average minimum lot width of 50 feet for detached units, and the minimum lot size of 7,500 square feet for detached units. Accordingly, the proposed Lot Line Adjustments do not meet the approval criteria outlined in TDC 18.410.040.A. Please revise the narrative and site plans to meet the criteria identified above. Please feel free to contact me at (503) 718-2438 or LinaCS Itiga^ r�gov if you have any questions. Thank you, S.'h Lina Smith Assistant Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov z City of Tigard September 26, 2016 NW Engineers, LLC Attn: Matt Newman 3409 NW John Olsen Place Hillsboro, OR 97124 Re: Completeness Review BCS Development,LLC (LLA2016-00010, LLA2016-00012, and LLA2016-00013) 13185 SW 115th Avenue Tigard, OR 97223 Dear Applicant(s), The City of Tigard Planning Division received your applications for a series of three Lot Line Adjustments at 13185 SW 115th Avenue on the following dates: LLA2016-00010 on August 4, 2016; LLA2016-00012 on August 31, 2016; and LLA2016-00013 on August 31, 2016. Staff has determined that the following additional information is necessary before the applications can be deemed complete: • Washington County Tax Lot Identification Numbers for the subject parcels. Please feel free to contact me at (503) 718-2438 or LinaCS&tigard-or.gov if you have any questions. Thank you, Lina Smith Assistant Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov APPLICANT MATERIALS RECEIVED City of Tigard AUG 0 4 2016 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD eLANNING/ENGINEERING Lot Line Adjustment Type I Application APPLICANT'/AGENT REQUIRED SUBMITTAL Name: c' LLC- ELEMENTS Address: 1?Owners Signature/Written City/state: Zip: ct-lI Authorization Primary contact: (�°Title Transfer Instrument or Deed Email:Mat±r E ast!!tt4, c f—ina R? Existing Site Plot Plan(2 copies) 1f Site/Plot Plan(2 copies) 151 Site/Plot Plan(reduced 8%x I1') PARCEL 1 C N Applicant's Statement(2 copies) Property address/location: 1 .2-�d Y` b S\tJ 1\511` AVC_, (Address Criteria in TDC 18.410.040) Filing Fee Tax map and tax lot #: J I 0 3 l PROPERTY OWNER/DEED HOLDERS)*(Attach list if more than one) Name: C,S ~� ` L-1-C, Case No.: I-LA20Ilp—OGD I D Address: sk", Nfl Related Case No.(s):_ • City/state: ( i Q C111(—A Zip: 9—1 o kD Fee: :I 3J Phone: Email: G-J VVI Keil t1 QYWI 1 ('Ahs Application accepted: J By: &.-�= Date: PARCEL 2 C 6 1 ^p --w, Application determined complete: - // Property address/location: `�1 Ci �W 1\%'lam t�/y By:� -Date: al<2 0// 1 kNCURPU1\MssnnUand Un ApphmUo aev.07/4/2014 Tax map and tax lot #: Q �\ O-S c A 7n Cl ' When the owner and the applicant are PROPERTY OWNER/DEED HOLDERS)*(Attach list if more than one) different people,the applicant must be Name: NC II2,y �ll(Y�2�' Ll�, the purchaser of record or a lessee in _ I • possession with written authorization Address: I ' I Z C-ik-Q �p`3-r" from the owner or an agent of the owner. The owner(s)must sign this application City/state: �C1GJ_p� Zip: in the space provided on the back of this Phone: Email: 61_k Y1;�`�� YY1C It •C 2NN form or submit a written authorization with this application. The owners of record of the subject property request a Lot Line Adjustment to adjust: Existing: Parcel 1 and parcel 2 into (Acreage or square footage) (Acreage or square footage) Proposed: Parcel 1 and parcel 2 • (Acreage or square footage) (Acreage or square footage) City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT C Lot Line Adjustment Type I Application APPLICANT"/AGENT REQUIRED SUBMITTAL Name: ELEMENTS Address: ❑ Owners Signature/Written City/state: Zip: Authorization Primary contact: ❑ Title Transfer Instrument or Deed Phone: Email: ❑ Existing Site Plot Plan(2 copies) ❑ Site/Plot Plan(2 copies) PARCEL 1C t ) ElSite/Plot Plan(reduced 8'/2 x 11'� r ^ El Applicant's Statement(2 copies) Property address/location: ���1-) C W `k� �� (Address Criteria inTDC 18.410.040) ❑ Filing Fee Tax map and tax lot #: PROPERTY OWNER/D1EED_HOLDER(S)*(Attach list if more than one) Name: ,S 4 Z JQ 1�11V YUI L +(� Case No.: Address: Related Case No.(s): • Cite/state'I Y!:- V-C� QNVC-) Zip: 01- 17-0(,oa Fee: Phone: Email: i Cn\l .C C)m Application accepted: By: Date: PARCEL 2 Application determined complete: Property address/location: By: Date: 1:\CURPLN\M&nen\land Use AppVicegons Rev.07/24/2014 Tax trap and tax lot #: When the owner and the applicant are PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) different people,the applicant must be Name: the purchaser of record or a lessee in possession with written authorization Address: from the owner or an agent of the owner. The owner(s)must sign this application City/state: Zip: in the space provided on the back of this Phone: Email: form or submit a written authorization with this application. The owners of record of the subject property request a Lot Line Adjustment to adjust: Existing: Parcel 1 and parcel 2 into (Acreage or square footage) (Acreage or square footage) Proposed: Parcel 1 and parcel 2 • (Acreage or square footage) (Acreage or square footage) City of Tigard e 13125 SW Hall Blvd. e Tigard,Oregon 97223 a www.tigard-or.gov e 503-718-2421 e Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the RFgUIRED SUBMITTAi_.ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject progr • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of rAch owner of the subject property required. Applicant's signature Print name Date • Applicant's signature Print name Date Owner's sign Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date • LOT LINE ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 RECEIVFD City of Tigard N O V 21 2016 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TlGARD Adjustment — Type I Application PLANNING/ENGINEERING PROPOSAL SUMMARY (brief description): N0— 1,4•� 1.� 4 t ff\\ Case No.(s): �� �' ��V �rUv►� (S ("f sL�2 Related Case No.(s): LLA Ro l ex —OU6 1 D The owners of record of the subject property request an Adjustment Application Fee: Ui to the Community Development Code (please check one only): Application Accepted: Development Adjustment—Front Yard Setback,Interior By: L'5 Date: Setbacks and Lot Coverage Date Determined Complete: Special Adjustments: By: L. Date: �o�I ElAdjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density Low t)en. Res R y •S requirements t:\CUR"Mastm\LwW Use ApoioNons\Mjustment—Type I ❑ Adjustments to Access and Egress Standards ""'02/09/2015 ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities ❑ Adjustments to Street Improvement Requirements ❑ Adjustments to Downtown Connectivity Standards Property Address/Location(s): REQUIRED SUBMITTAL ( 3 t�S S �J u Att�cr ELEMENTS Tax Map and Tax Lot #(s): Es 1 6 3 t� I�tj � Owner's Signature/Written Site Size: S 1F _SUS til^ Authorization 5Title Transfer Instrument or Deed Applicant: x �J 1e Site/Plot Plan(2 copies) Address: 3`10C3 P(0 Jd k, SAM r C N Site/Plot Plan(reduced 8'/2'x 11") City/state: (,<.S 6 cJR.o C)& Zip: 1)'7 1111 9 Applicant's Statement .. II (Addressing Criteria under Section I h. U.u2u) Primary Contact: � N" � N►A-J U Filing Fee Phone: 56 3 6 o 1-4 NU i Email:�►' 6&i±i 0-h a-=C�-� Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: �CS MVt(, mM�-AIT' ,L,,� L Address: 41-7 U S S 0 6 � AV--C' City/state Zip: 70(x,-L *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit all of the Required Submittal Elements as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. q A URES of eac owner of the subject property required. ant/Authorized Agent signature Print name Date d�t►ice , �m �u l� 2� i per's signatur Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 • = Fidelity National Title SCRIVENER INSTRUCTIONS M1 Company of Oregon RECEIVED AUG 0 4 2016 Date: June 14, 2016 CITY OF TIGARD Fidelity National Title Company of Oregon Escrow No.: Accommodation PLANNING/ENGINEERING 10200 SW Greenburg Rd, Suite 110 Property: 13185 SW 115th Avenue Portland, OR 97223 Tigard, OR 97223 Phone: (503)977-3685 Fax: (503)977-9084 THE UNDERSIGNED request(s) and instruct(s) Fidelity National Title Company of Oregon to prepare the following document(s): Warranty Deeds (0) as and to act as a scrivener in the completion of the document(s). The form and contents of said document(s) were solely chosen, approved and directed to be prepared by the undersigned as written. You are further authorized and instructed to record said document(s) in the appropriate county. A final and completed copy of said document(s) is attached. I/we acknowledge and agree that Fidelity National Title Company of Oregon has not offered or given any advice or counsel whatsoever as to the effect or propriety of said document(s) including but not limited to the question of whether or not the form, content, delivery and binding effect of the document(s) would be in the best interest of the undersigned. • I/we have been advised to seek the advice of legal counsel if we have any questions or concerns of any kind or nature. With full understanding and in consideration of the nature of this Agreement, the undersigned hereby knowingly and voluntarily waives any claim that they may have against Fidelity National Title Company of Oregon in the future arising directly or indirectly from the form, content and preparation of the documents specified above and holds Fidelity National Title Company of Oregon harmless from any claim, loss, damage,expense or cost of any kind or nature that may be clalmed against or incurred by the undersigned or Fidelity National Title Company of Oregon by any person or entity as related directly or indirectly to this agreement. If any suit or action is filed to enforce the terms of this agreement, the prevailing party shall be entitled to attorneys' fees and costs incurred in said proceeding including arbitration, trial or any appeal therefrom. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE OR ATTACHED INSTRUCTIONS THAT THE INSTRUCTIONS ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE: SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. • Instructions(Scrivener) Printed: 06.14.16 C 11:16 AM by JG ORD1036.doc/Updated 04.13.16 Page 1 • SCRIVENER INSTRUCTIONS (continued) IN WITNESS WWHEREOF, undersigned have executed this document on the date(s)set forth below.BCS Bat' BY: / AS: SKYTE5A LLC AS: • • Instructions(Scrivener) Printed: 06.14.16 @ 11:16 AM by JG ORD1036.doo/Updated: 04.13.16 Page 2 Washington County,Oregon 2016-056309 D-0w Stn=19 D MOON 07/20/2016 08:38:64 AM • After recording return to: $10.00$11.00$5.00$20.00 $46.00 BCS Development LLC I,Richard Mobernlcht,Director of Assessment and Tandon and Ex- 19705 SW 651b Avenue Omelo County Clerk for Washingmn county,Oregon,do hereby certify that the within Instrument of writing we received and Tigard,OR 97223 recorded In the book of records of said county. Richard Hobemicht,Director of Tai Statements: Assessment and Taxation,Ex-Officio V- Same as above. J WARRANTY DEED 'PIZ"j- BCS Batiment LLC and Skytera LLC,Grantor,conveys and warrants to,BCS Development, LLC an Oregon limited liability company,Grantee,the following real property situated in Washington County,Oregon. >v See Attached Exhibit xs a$ BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS,IF ANY,UNDER ORS z 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, �. OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009, d AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.THIS INSTRUMENT DOES 'o Z NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN G` VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE a G SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING O TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF • NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. �C The true consideration for this conveyance is$ d/ Dated this—r�day of July 2016. BCS Batiment LLC Skytera LLC :Z� Q o By: By: STATE OF OREGON,County of Washington)ss This instrument was acknowledged be for me on��day of July 2016 bylSaAxe— as 6 ±qw$:�! of CS Batimerit LLC and by C. • sTA►ruP otary Public fo gon ON JEN I My commission expi 92 OJ OMMIS&ON NoUBLJ m 27,201 At'f OpWA1SSI01t[71PYIEb . Exhibit A—Legal Description (Parcel III) Beginning at a point which is the Northeast corner of that property conveyed to Eldon R. Branch and Doris E. Branch by Deed Recorded at Book 559, Page 201, Washington County Deed Records, thence North along the centerline of SW 115th Avenue 50 feet to a point; thence Westerly along a line parallel with the North line of said branch tract to a point which is an extension of the West line of said branch tract; thence Southerly 50 feet to the Northwest corner of said branch tract; thence Easterly along the North line of said branch tract to the point of beginning. EXCEPT the South 25 feet hereof. • • Application for Exemption from Washington County Transfer Tax Ahnsfers of real property to effect a mere change in identity, form or place of organization. l'!s4.030J.14. being first duly sworn, say that I am the �rant (Grantee) (other) That the transfer of the property recorded as document number is ?xempt under the tax pursuant to the following exemption and required information. Required Information: l) Provide corporate commission papers showing change; or ?) Provide documentation evidencing the nature and purpose of the change; and 3) A statement signed by the authorized or legal representative of the organization staring the nature and purpose of the change and how the change complies with this exemption and that no change in the ownership interest for anyone having a beneficial interest in the transfer will occur. �-ist all grantors or sellers including stockholders or individuals that have an ownership interest in the corporation, company,partnership or other entity. >) List all grantees or buyers including stockholders or individuals that have an ownership interest in the corporation, company,partnership or other entity. Vo additional consideration w i96this transfer. I understand that this information is available for inspection by `he Internal Reven rv' r tate Department of Revenue. 'Signature) itate of Na'�Z'r� :70unty of ( Yl Sworn and subs ribed to before me this t�j d y of ,10 • OFFICIAL STAMP icfor on JENNIFER ANN GANNON My Commission 4isof2-6-19991 NOTARY PUBLIC-OREGON COMMISSION NO.921392 MY COMMISSION EXPIRES OCTOBER 27,2017 7/18/21)16 Business Registry Business Name Search Business Registry Business Name Search New Search Business Entity Data 07-18-2016 19:16 Registry Nbr Ent! Entit ,jurisdiction Registry Date Next Renewal Renewal Due? Type Status Date 723624-95 DLLC ACT OREGON 10-26-2010 1 10-26-2016 Entity Name BCS BATIMENT LLC Foreign Name New Search Associated Names Type PPB RINCIPAL PLACE OF USINESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ tTUALATIN OR 197062 1 1 Country WTED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type GT GISTERED AGENT Start Date 10106 Resign Date Name IBRUCE JEDWARDISINKEY Addr 1 19705 SW 65TH AVE Addr 2 CSz TUALATIN IOR P7062 I I Country KJNITED STATES OF AMERICA Type MALWILING ADDRESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ ALATIN JOR P7062 I I Country TED STATES OF AMERICA Type VEMMEMBER Resign Date Name SHANNON I ISINKEY Addr 1 19705 SW 65TH AVE Addr 2 CSZ ITUALATIN R 197062 f I Country KJNITED STATES OF AMERICA Type EM EMBER Resign Date Name RUCE sINKEY Addr 1 19705 SW 65TH AVE Addr 2 CSz ITUALATIN JOR 7062 1 1 Country WTED STATES OF AMERICA • Type EM EMBER Resign Date NameAITLIN JSINKEY- r __ _ _ I EMPERUD I ---J http:[/egov.sos.state.or.us/brtpkg--web_name—srch 'inq.show—det?pbe_rsn=1483392&p srce=BR_INQ&p_print=TRUE 112 7/18/2016 Business Registry Business Name Search Addr 1 19705 SW 65TH AVE Addr 2 CSZ TUALATIN JOR 197062 1 1 Country KTNTTED STATES OF AMERICA New Search Name History Business Entity Name T e Nam s Start Date End Date CS BATIMENT LLC EN CUR 10-26-2010 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Available Action Date Date Status Change Dissolved By ENDED ANNUAL 09-30-2015 FI PORT AMENDED ANNUAL 10-16-2014 FI PORT MNDMT TO ANNUAL 04-03-2014 FI T/INFO STATEMENT MNDMT TO ANNUAL 10-21-2013 FI RPT/INFO STATEMENT • _ MENDED ANNUAL PORT 09-18-2013 FT MENDED ANNUAL 09-14-2012 FI PORT AMNDMT TO ANNUAL 07-23-2012 FI T/1NF0 STATEMENT MNDMT TO ANNUAL 03-08-2012 FI RPT/INFO STATEMENT ENDED ANNUAL 11-29-2011 FI PORT OTICE LATEANNU AL 10-28-2011 SYS ARTICLES OF 10-26-2010 FI Agent ORGANIZATION ©2016 Oregon Secretary of State. All Rights Reserved, • http:i/egov.sos.state.or.ushx/pkg_wob name srch_inq.show_detl?p_o_rsn=1483392&p srce=BR_INQ&p—print=TRUE 2/2 7/18/2016 Business Registry Business Name Search Business Registry Business Name Search New Search Business Entity Data 07-18-2016 19:17 Entity Registry Nbr Entity Jurisdiction Registry Date Next Renewal Renewal Due? T e Status Date 1055477-98 DLLC ACT OREGON 10-21-2014 10-21-2016 Entity Name SKYTERA INVESTMENTS, LLC Foreign Name New Search Associated Names Type PPB RINCIPAL PLACE OF [BUSINESS Addr 1 10220 SW GREENBURG RD STE 111 Addr 2 CSZ ORTLAND JOR 197223 1 1 Country KJNMTD STATES OF AMERICA Please click here for general information about registered agents and service ofprocess. Type AGT EGISTERED AGENT Start Date 10-21- Resign Date 12014 Of Record 561 ZLL-90PRA ADVANTAGE, LLC Addr 1 10220 SW GREENBURG RD Addr 2 STEM CSZPORTLAND OR P7223 I I Country TED STATES OF AMERICA Type NIALMAILING ADDRESS Addr 1 10220 SW GREENBURG RD Addr 2 STEM CSZ PORTLAND OR P7223 1 1 Country TED STATES OF AMERICA Type VGRIMANAGER Resign Date Name TERESA SKYLES Addr 1 14845 SW CONOR CIR Addr 2 CSZ EAVERTON OR 197006 1 1 Country TED STATES OF AMERICA New Search Name History Na mg Business Entity Name T e atus Start Date End Date SKYTIJRA INVESTMENTS, LLC EN CUR 10-21-2014 • Please read before ordering Copies. httpJ/egov.sos.state.or.us/br/pkg_web_name srch_inq.show_deti?p be_rsn=1724698&& srce=BR_1NQ&p_print=TRUE 1/2 7/1812016 Business Registry Business Name Search New Search Summary History Image Transaction Effective Name/Agent ': • Available Action Date Date Status —Change Dissolved By MENDED ANNUAL PORT 12-07-2015 FI OTICE LATE 10-23-2015 SYS ANNUAL RTICLES OF 10-21-2014 FI Agent ORGANIZATION © 2016 Oregon Secretary of State. All Rights Reserved. i • hUp://egov.sos.state.or.us/br/pkg_yveb-name_srch_inq.show_detl?p_be rsn=1724698&p_srce=BR_INQ&print=TRUE 212 Washington County,Oregon 2016-056308 D-0w 07/20/2016 08:38:64 AM After recordin return to: Stn-00 D MOON • Y $to.00$1 1.00$5.00$20.00 E46.00 BCS Development LLC I,Richard Hobemlcht,Director a Assessment Inn Taladon and Ea- 19705 SW 65'Avenue Olneto County Clark for Washington County,Oregon,do hereby certify gut the within Instrument M wrtdng was receteed and Tigard,OR 97223 reeerdad In the book of records of"Id county. Richard Hobemicht,Director of TAI Statements: Assessment and Taxation,Ex-Officio Same as above. LPI WARRANTY DEED c� BCS Batiment LLC and Skytera LLC,Grantor,conveys and warrants to,BCS Development, LLC an Oregon limited liability company,Grantee,the following real property situated in Washington County,Oregon. See Attached Exhibit BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING F FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, C:d OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009, ' AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.THIS INSTRUMENT DOES Z NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN W VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE o SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE T� Z TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING p TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN rj ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, V TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST v PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. The true consideration for this conveyance is$ 14 Dated this-14 day of July 2016. BCS Batiment LLC Skytera LLC By: sty: STATE OF OREGON,County of Washington)as This instrument was acknowledged be for me on NA- day of July 2016 by Eruct S nK c as tom' -A*BG&katiment LLC and by ert Stcyl c5 as of era . • otary Public for go �D ~ENNIFER p t•1N CaAN�N My commissionNOT V t392 ,201 MY couwseto" • Exhibit A—Legal Description (Parcel ll) Beginning at a point which is the Northeast corner of that property conveyed to Eldon R. Branch and Doris E. Branch by Deed Recorded at Book 559, Page 201, Washington County Deed Records; thence North along the center line of SW 115th Avenue 75 feet to a point which is the Southeast corner of the Carl H. Christenson tract described in (1) herein; and the true point of beginning of the tract herein described; thence Westerly along the South line of said Christenson Tract to a point in the East line of Woodcrest No. 2; thence South along the East line of Woodcrest No. 2 to a point which is an extension of the South line of said branch tract; thence East to the Southwest corner of said branch tract; thence North along a line parallel with the center line of SW 115th Avenue 150 feet to a point; thence East along a line parallel with the South line of said branch tract to the center line of SW 115th Avenue; thence North 25 feet to the point of beginning. Application for Exemption from Washington County Transfer Tax AVsfers of real property to effect a mere change in identity, form or place of organization. 11W4.030J.14. SAkt:<_ S,r\V-:f4 being first duly sworn, say that I am the ( anto ) (Grantee) (other) That the transfer of the property recorded as documeeber is exempt under the tax pursuant to the following exemption and required information. Required Information: l) Provide corporate commission papers showing change; or 1) Provide documentation evidencing the nature and purpose of the change; and 3) A statement signed by the authorized or legal representative of the organization stating the nature and purpose of the change and how the change complies with this exemption and that no change in the ownership interest for anyone having a beneficial interest in the transfer will occur. List all grantors or sellers including stockholders or individuals that have an ownership interest in the corporation, company, partnership or other entity. i) List all grantees or buyers including stockholders or individuals that have an ownership interest in the corporation, company,partnership or other entity. Vo additional consideration was giv for this transfer. I understand that this information is available for inspection by 'he Internal Re e i eregon State Department ofRevenue. 'Signature) state of �'ounty of .l1ti- Sworn and ubscribed to before me this WH— day of26 1�. OFFIGAL3TAMP ary public fo eon JENNIFER ANN GANNON NOTARY PUBLIC-OREGON My Commission E au o124-19 COMMISSION NO.927392 MY COMMISSIMEXPIRES OCTOBER 21,2011 7/18/2016 Business Registry Business Name Search Business Registry Business Name Search New Search Business EntityData 07-18-2016 19:16 Registry Nur Entity Enti Jurisdiction Registry Date Next Renewal Renewal Due? T e S atus Date 723624-95 DLLC ACT I OREGON 10-26-2010 10-26-2016 Entity Name BCS BATIMENT LLC Foreign Name New Search Associated Names Type PPB RINCIPAL PLACE OF [BUSINESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ ALATIN JOR 7062 1 Country ITED STATES OF AMERICA Please click here for general information about registered agents and service ofprocess. Type GT GISTERED AGENT Start Date 10-26- Resign Date 201Q Name RUCE JEDWARDISINKEY Addr-1 119705 SW 65TH AVE Addr 2 CSZ TUALATIN JOR P7062 I I Country KMTED STATES OF AMERICA Type MALMATTING ADDRESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ TUALATIN JOR P7062 Country TED STATES OF AMERICA TypeM MBER Resign Date Name SHANNON SINKEY Addr 1 19705 SW 65TH AVE Addr 2 CSZ ITUALATIN JOR 197062 1 1 Country UNITED STATES OF AMERICA Type M MEMBER Resign Date Name BRUCE JE JSINKEY Addr-1 19705 SW 65TH AVE Addr 2 CSZ ITUALATIN R 197062 1 1 Country TED STATES OF AMERICA Type M MEMBER Resign Date Name AITLIN SINKEY IKJEMPERUD htip://egov.sos.state.or.us/br/pkg#eb_name srch_inq.show detl?p be_rsn=1483392&p srce=BR_INQ&p_print=TRUE 1/2 7/18/2016 Business Registry Business Name Search Addr 1 19705 SW 65TH AVE Addr 2 • CSZ TUALATIN JOR 197062 1 1 Country KMTED STATES OF AMERICA New Search Name History Business Entity Name Name NameTYatus Start Date End Date CS BATIMENT LLC EN CUR 10-26-2010 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Available Action Status Date Date Chane Dissolved By MENDED ANNUAL 09-30-2015 FI PORT MENDED ANNUAL 10-16-2014 FI PORT MNDMT TO ANNUAL 04-03-2014 FI RPT/INFO STATEMENT AMNDMT TO ANNUAL 10-21-2013 FI • — RPT/INFO STATEMENT MENDED ANNUAL 09-18-2013 FI PORT ENDED ANNUAL 09-14-2012 FI PORT AMNDMT TO ANNUAL 07-23-2012 FI T/INFO STATEMENT MNDMT TO ANNUAL 03-08-2012 FI T/INFO STATEMENT MENDED ANNUAL 11-29-2011 FI PORT OTICE LATE 10-28-2011 SYS NNUAL RTICLES OF 10-26-2010 FI Agent RGANIZATION Q 2016 Oregon Secretary of State. All Rights Reserved. • http•//egov.sos.state.or.ustbr/pkg_web name srch_inq.show_detf?p_oe_rsn=1483392&p srce=BR INC)&pjxint-TRUE 212 7/18/2016 Business Registry Business Name Search Business Registry Business Name Search • 18-2016 New Search Business Entity Data 07- 19:17 Registry Nbr Entt - Entity Jurisdiction Registry Date Next Renewal Renewal Due? Type Status Date 1055477-98 DLLC ACT OREGON 10-21-2014 10-21-2016 Entity Name SKYTERA INVESTMENTS, LLC Foreign Name New Search Associated Names Type I P PBINCIPAL PLACE OF Addr 1 10220 SW GREENBURG RD STE 1 l 1 Addr 2 CSZ ORTLAND JOR 197223 1 1 Country TED STATES OF AMERICA Please click here for general information about registered agents and service ofprocess. Type AGT REGISTERED AGENT Start Date 10-21 Resign Date 12014 Of Record 56121LADVANTAGE,LLC • Addr 1 10220 SW GREENBURG RD Addr 2 ISTE111 CSZ [PORTLAND JOR 7223 1 Country ITED STATES OF AMERICA Type MALIMAILING ADDRESS Addr 1 10220 SW GREENBURG RD Addr 2 STE 111 CSZ PORTLAND JOR 197223 1 Country TED STATES OF AMERICA Type VGRIMANAGER T I Resign Date Name TERESA KYLES Addr 1 14845 SW CONOR CIR Addr 2 CSZEAVERTON OR 97006 I Country ITED STATES OF AMERICA New Search Name History Business Entity Name Name NameT e Sta us Start Date End!! e SKYTERA INVESTMENTS,LLC EN I CUR 10-21-2014 • Please read before ordering Copies. httpY/egov.sos.state.or.us/br/pkg_wel_name srch_iriq.show_dell?p_p4�_rsn=1724698&p srce=BR_INQ&pjxint=TRUE 112 7/18/2016 Business Registry Business Name Search New Search Summary History Image Transaction Effective Name/Agent • Available Action Date Date Status Change. Dissolved By AN1ENDED ANNUAL 12-07-2015 F1 PORT OTICE LATE 10-23-2015 SYS ANNUAL ARTICLES OF 10-21-2014 1 Fl Agent ORGANIZATION C) 2016 Oregon Secretary of State. All Rights Reserved. • http7//egay.sos.state.or,us/brfpkg_web name srch_inq.show deu?p be_rsrv=1724698&p srce=BR_INQ&pj>rint=TRUE 212 Washington County,Oregon 2016-056307 D-0w 07/20/2016 08:38:54 AM After recordine return to: Stn=te D MOON BCS Development LLC $10.00$11.00 S&00$20.00 $46.00 • 19705 SW 65"Avenue I,Richard Hobemlcht.Director of Assessment and Taxation and Ex. Ofdclo County Clerk for Washington County,Orepon,do hereby Tigard,OR 97223 urdfy tint the wemin Instrument of writing was received and recorded In Via book of records of said county. Richard Hobemlcht,Director of Tax Statements: Assessment and Taxation,Ex-Officio Same as above. WARRANTY DEED J BCS Batiment LLC and Skytera LLC,Grantor,conveys and warrants to,BCS Development, LLC an Oregon limited liability company,Grantee,the following real property situated in r� Washington County,Oregon. See Attached Exhibit BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS,IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, a OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.THIS INSTRUMENT DOES z k NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN W VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE c SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE :$Z TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY t, t PLANNING DEPARTMENT TO VERIFY THAT THF,UNIT OF LAND BEING p TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST p PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300,195.301 AND . 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. The true consideration for this conveyance is$ 16 Dated this I A- day of July 2016. BCS Batiment LLC Skytera LLC By: By: STATE OF OREGON,County of Washington)ss This instrument was acknowledged be for me on _41,!.day of July 2016 by-jru rc S'.^K as of BCS Batiment LLC and by le 5, as ofS era LLC. JENNIFER ANN ublic for gon • �T 1392 My commission expt s• Mtt roMt7wcOCr0MR27'2017 • Exhibit—Legal Description Tract 1: Real property in the County of Washington, State of Oregon, described as follows: Beginning at the center of Section 3, Township 2 South, Range 1 West,Willamette Meridian; thence South 0° 37'West along the center line of S.W. 115th Avenue 523 feet to the point of beginning; thence North 75°2'2"West 182.17 feet; thence North on a line which is parallel with the center line of S.W. 115th Avenue 100 feet to a point;thence South 75°2' 20" East to a point in the center line of S.W. 115th Avenue; thence 100 feet along said center line of S.W. 115th Avenue to the point of beginning. Tract 2: (Parcel 1) Beginning at a point which is the Northeast corner of that property conveyed to Eldon R. Branch and Doris E. Branch by Deed Recorded at Book 559, Page 201, Washington County deed records; thence North along the center line of S.W. 115th Avenue 25 feet to a point; thence Westerly along a line parallel with the North line of said branch tract to a point which is an extension of the West line of said branch tract; thence Southerly 25 feet to the Northwest corner of said branch tract; thence Easterly along the North line of said branch tract to the point of beginning. Application for Exemption from Washington County Transfer Tax glIpsfers of real property to effect a mere change in identity, form or place of organization. T.d4.434J.14. i-3 � S, •�� being first duly sworn, say that 1 am the(Grantor) (Grantee) (other) That the transfer of the property recorded as document number is ?xempt under the tax pursuant to the following exemption and required information. Required Information: l) Provide corporate commission papers showing change; or >.) Provide documentation evidencing the nature and purpose of the change; and 3) A statement signed by the authorized or legal representative of the organization stating the nature and purpose of the change and how the change complies with this exemption and that no change in the ownership interest for anyone having a beneficial interest in the transfer will occur. •List all grantors or sellers including stockholders or individuals that have an ownership interest in the corporation, company, partnership or other entity. >) List all grantees or buyers including stockholders or individuals that have an ownership interest in the corporation, company, partnership or other entity. Vo additional considerationawas5ven Q ransfer. I understand that this information is availablefor inspection by `he Internal Reve u e cn State Department of Revenue. 'Signature) ' ;tate of �!ounty of Sworn and subscribed to before me this�4kti day of 20 • u r for Oreg n OFFICUILSTAMP y Commission Expir ns f7-4-�999f JENNIFER ANN GANNON �— NOTARY PUBLIC-OREGON COMMISSION NO.921392 MY COMMISSION.EXPIRES OCTOBER 27,2017 7/18/2016 Business Registry Business Name Search Business Registry Business Name Search 8-2016 New Search Business Entity Data o7-1 19.16 19:16 Entity Entit Next Renewal Registry Nbr YXM Status Jurisdiction Registry Date Date Renewal Due? 723624-95 DLLC I ACT OREGON 10-26-2010 10-26-2016 Entity Name BCS BATIMENT LLC Foreign Name New Search Associated Names Type PP13 rRINCIPAL PLACE OF [BUSINESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ UALATIN OR 97062 Country ITED STATES OF AMERICA Please click here or general information about registered agents and service of process. Type GT FEGISTERED AGENT Start Date 10-26-2Resign Date 010 Name [BRUCE JEDWARDISINKEY • Addr-1 19705 SW 65TH AVE Addr 2 CSzTUALATIN R 197062 1 1 Country JUNITED STATES OF AMERICA Type MALIMAILING ADDRESS Addr 1 19705 SW 65TH AVE Addr 2 CSZ TUALATIN JOR 197062 1 1 Country ITED STATES OF AMERICA Type EM MBER Resign Date Name SHANNON I ISINKEY Addr 1 19705 SW 65TH AVE Addr 2 CSZ ITUALATIN JOR P7062 Country TED STATES OF AMERICA Type EM MBER Resign Date Name BRUCE JE SINKEY Addr-1 19705 SW 65TH AVE Addr 2 CSZ ITUALATIN JOR P7062 I I Country JUNITED STATES OF AMERICA • Type EMIMEMBER I Resign Date Name AITLIN SINICEY EMPERUD http:/legov.sas.state.or.us/br/pkg_web_name srch inq.stvo_detl?p be rsn=1483392&p srce-BR_INQ&p_print=TRUE 1/2 7/18/2016 Business Registry Business Name Search Addr 1 19705 SW 65TH AVE Addr 2 CSZ TUALATIN JOR 7062 1 1 Country KWTED STATES OF AMERICA New Search Name HistoName ry Business Entity Name Na Start Date End Date Type St CS BATIMENT LLC I EN I CUR 10-26-2010 Please read before ordering Copies. New Search Summary History Imageransaction Effective Name/Agent Available Action Date DateStatus —Change Dissolved By AMENDED ANNUAL 09-30-2015 FI PORT ENDED ANNUAL 10-16-2014 FI PORT MNDMT TO ANNUAL 04-03-2014 FI RPT/INFO STATEMENT MNDMT TO ANNUAL 10-21-2013 FI RPT/INFO STATEMENT MENDED ANNUAL 09-18-2013 FI REPORT AMENDED ANNUAL 09-14-2012 FI VJ PORT TDMT TO ANNUAL 07-23-2012 FI RPT/INFO STATEMENT AMNDMT TO ANNUAL 03-08-2012 FI RPT/INFO STATEMENT MENDED ANNUAL 11-29-2011 FI PORT OTICE LATE 10-28-2011 SYS ANNUAL TICLES OF 10-26-2010 FI Agent RGANIZATION p 2016 Oregon Secretary of State. All Rights Reserved. • httpJ/egov.sosztate.or.us/br/pkg_Web_name srch_inq.show detl?p_be rsrr14833928p srce=BR_INQBp-jxint=TRUE 212 i 7/18/2016 Business Registry Business Name Search Business Registry Business Name Search New Search Business Entity Data 07-18-2016 19:17 Registry Nbr Entit En t�5 Jurisdiction Registry Date NextDR Renewal Renewal Duel 1055477-98 DLLC ACT OREGON 10-21-2014 10-21-2016 Entity Name SKYTERA INVESTMENTS,LLC Foreign Name New Search Associated Names Type PPBMRIINESS NCIPAL PLACE OF Addr 1 10220 SW GREENBURG RD STE 111 Addr 2 CSZ ORTLAND JOR 7223 1 Country 1UNITED STATES OF AMERICA Please click here or general information about registered agents and service of process. Type AGT REGISTERED AGENT Start Date 10-21- Resign Date 2014 Of Record IRA ADVANTAGE, LLC Addr 1 10220 SW GREENBURG RD Addr 2 STE 111 CSZ PORTLAND JOR 197223 1 1 Country TED STATES OF AMERICA Type MALMAILING ADDRESS Addr 1 10220 SW GREENBURG RD Addr 2 STE 111 CSZ IPORTLAND R 197223 1 1 Country KJNITED STATES OF AMERICA Type G NAGER Resign Date Name ERESA 77SKYLES Addr 1 14845 SW CONOR CIR Addr 2 CSZ 1BEAVERTON JOR 07006 1 1 Country KINITED STATES OF AMERICA New Search Name History Business Entity Name Name Name Start Date End Date Type I Status SKYTERA INVESTMENTS,LLC EN CUR 10-21-2014 Please read before ordering Copies, http:l/egovsosstate.or.us/br/pkg_web name_sroh inq.shaw detl?p_be rsn=l724698&p srce=BR_INQ&p_print=TRUE 112 1 7/18/2016 Business Registry Business Name Search New Search Summary History Imageransaction Effective Status Name/Agent Available Action Date Date Change Dissolved By MENDED ANNUAL 12-07-2015 FI PORT OTICE LATE 10-23-2015 SYS ANN-UAL TICLES OF 10-21-2014 FI A cnt ORGANIZATION g © 2016 Oregon Secretary of State. All Rights Reserved. i� - i http:degov.sos.state.or,ustbr/pkgLweb_name_sreh_inq.show_detl7p_be_rsn=1724698&p_srce=BR_INQ&p„print=TRUE 2/2 LOCATED IN THE SW 1/4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. DEC 2 0 201fi CITY OF TIGARD, WASHINGTON COUNTY, OREGON PLA NO. 1 CITY OF TIGARD PLANNING/ENGINEEI IING CITY OF TIGARD CENTER OF SECTION 3 I TOWNSHIP 2 SOUTH Approved by Planning RANGE 1 WEST, W.M. Late: Initials: LS DEEB I Np e06-.1-00c1 ENT 204 0 O o�� S V 159.28 0 � o r\i N lf7 off' 4' nom' 31 ORIGINAL o0 O LINE I ui o0 p O� tih ►� co TRACT 1 "� 75822" OLD: 11,203 SOFT MO�O� f 113 73, NEW 18,077 SOFT W 2 0> ooM Q � O b LINE ADJUSTED TRACT 2 z OLD: 19,565 SOFT NEW 12,691 SOFT � L pT 1°4.86 12 g r- 3 0 0 REGISTERED U) LAND SURI�EYOR NAL s 75822" e N 75•os'2z" w I LOT 14 2 490' 20.64' OREOJULY 12, 2005 "7' '6,005 C' LOT SHAUN P. FIDLER C E 50333 R ILS„ RENEWAL DATE DECEMBER 31, 2017 SKETCH TO ACCOMPANY LEGAL DESCRIPTION CM. C:•TIGARD /~------------------------ I I TAX LOT RECE�VEL; Z Approved b PI nning -------I 25103CA00074 3 Date: Q1 TAX LOT NOV 21 2016 Z R S107CAOOYIO , 1 LIJ 2 a R Initials: LS 1 ---- GIN OF TIGARD s MONA '-------- - PLANNINGIENGINEERIN' 04 en§ Refer to this site plan only for rear yard setback adjustment to I Tax Lot 110(Case No.ADJ2016-00117). TAX LOT Lot configurations reviewed under Case Nos'-- -- "- - , _ �'__a i 2S103CA00073 j LLA2016-00010,LLA2016-00012,and LLA2016-00013.'' TAX LOT 111 i t 8.475 SF r --------------------- I „ffa TAX LOT 25103CA0021t TAX LOT 25103CA00072 TAX LOT 101_, f , - i % 9.761 SFS �- _as '*-n`-- / ,�-1 > 30 TAX LOT 110 I �g g .16,445 SF 'h / 00 •� C� z p0 a TAX LOT i' 1T, I, ~�„�� 'ice.-`'�- kI-m�-I• t f t arudT Aw snnlT RE 1 Y_SETBAfI(14R CIA`— ♦ t TAX LOT ! ✓ i j ♦♦ TAX LOT , 2S103CA03000 TAX LOT / ♦ 2SI03CA03100 1 ( I ♦ 25t TAX LOT c I 25103CAOM71 j 7 ♦ i 03CA029DO ! I , I ♦ 1 � I I tia T Ir i TAX LOT ♦♦ ..��G,/La--_-_ ' I 4 / 2SI03CA03200 ♦ - ♦♦♦ �� TERRACE TRAITS DRIVE � a NW Engineers, LLC ENGINEERS 3409 NW John Olsen Place Hillsboro, OR 97124 Phone(503)601-4401 NoEnon"rhrg Fax(503)601-4402 &pjann*9 Website www.nw-eng.com November 18, 2016 City of Tigard RECEIVED Community Development Department NOV 2 i 2016 Attn: Lina Smith 13125 SW Hall Boulevard Tigard, Oregon 97223 CITY OF TiGA sD PLANNING/EN GIN EERING RE: LLA2016-10, LLA2016-12, LLA2016-13 Lot Line Adjustment Application 13185 SW 115th Avenue 2S103CA 00101, 110, 111 Dear Ms. Smith: NW Engineers represents BCS Development LLC, Bruce Sinkey,the owner of the property located at 13185 SW 115th Avenue. Mr. Sinkey is proposing a series of Lot Line Adjustments between three legal lots of record which were re-established per Documents 2016-056307, 308 & 309 on July 20, 2016 (See Attached). These properties are further described as Tax Lots 2S103CA 101, 110 & 111. The purpose of the Lot Line Adjustments is to separate the existing house from the other two parcels resulting in two additional buildable single family residences in the R-4.5 Zone. The attached plans - Exhibits 1-7 - include the existing conditions, aerial photo of the site, and the 3-phase Lot Line Adjustment between the three parcels. The Lot Line Adjustment exhibits and legal descriptions, prepared by a Professional Land Surveyor, are as follows: Lot Line Adjustment 1: LLA2016-010 between Tax Lots 101 & 110. Lot Line Adjustment 2: LLA2016-012 between Tax Lots 101 & 111. Lot Line Adjustment 3: LLA2016-013 between Tax Lots 101 & 110. All three parcels comply with the minimum area and dimensional standards of the R-4.5 Zone with each adjustment as shown on Exhibits 4, 5 & 6. Since the rear yard setback of Tax Lot 110 will be reduced to 12-ft. upon completion of LLA2016-010, a separate Type I Adjustment application is submitted. Upon completion of the three-phase Lot Line Adjustment, the lot area of the parcels are as follows: Tax Lot 101 - Flag Lot with minimum 15-ft. frontage - 9,761 sq. ft. Tax Lot 101 - Flag Lot with minimum 15-ft.frontage - 8,475 sq. ft. Tax Lot 110 - Minimum 143-ft. frontage - 16,445 sq. ft. Engineering • Planning Managers: Matt Newman Steve White,PE Page 2 The Type 1 Lot Line Adjustment is being submitted with the required signatures, plans and title report. The following are the required findings per Chapter 18.410. Chapter 18.410 Lot Line Adjustments 18.410.010 Purpose The purpose of this chapter is to provide rules, regulations and criteria governing approval of lot line adjustments. COMMENT: The applicant is requesting a 3-phase Lot Line Adjustment application. The adjustments are as follows: Lot Line Adjustment 1: LLA2016-010 between Tax Lots 101 & 110. Lot Line Adjustment 2: LLA2016-012 between Tax Lots 101 & 111. Lot Line Adjustment 3: LLA2016-013 between Tax Lots 101 & 110. 18.410.020 Approval Process A. Decision-making process. Lot line adjustments shall be reviewed by means of a Type I procedure,as governed by Chapter 18.390, using approval criteria contained in Section 18.410.040. COMMENT: Lot Line adjustments 1, 2 & 3 are being processed through separate Type I applications. B. Time limit on approval.The lot line adjustment approval by the director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval.The lot line adjustment approval by the director shall lapse if: 1. The lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or 2. The final recording is a departure from the approved plan. D. Extension.The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the original plan as approved by the director; 2. The applicant can show intent of recording the approved partition or lot line adjustment within the one year extension period; and 3. There have been no changes in the applicable comprehensive plan policies and ordinance provisions on which the approval was based. Page 3 COMMENT: The applicant intends to complete and record the lot line adjustments in a timely manner prior to expiration. 18.410.030 Application Submission Requirements A. General submission requirements.All applications shall be made on forms provided by the director and shall include information required for a Type I application, as governed by Chapter 18.390. B. Specific submission requirements.All applications shall include the preliminary lot line map and necessary data or narrative, detailed information for which shall be obtained from the director. COMMENT: The applicant has submitted the required materials including lot line maps with legal descriptions, other exhibits and this narrative. 18.410.040 Approval Criteria A. Approval criteria. The director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. An additional parcel is not created by the lot line adjustment,and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district. COMMENT: No new parcels are created through these lot line adjustments. All adjustments are in compliance with the minimum 7,500 sq. ft. lot area standard. 2. By reducing the lot size,the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district. COMMENT: The common lot line between existing residence on Tax Lot 110 and Tax Lot 101 will be reduced to 12-ft. upon approval of a related rear yard setback adjustment. All other setbacks are in compliance with the standards of the R-4.5 zone. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; COMMENT: All three parcels will have a minimum 50-ft. lot width. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area calculation; Page 4 COMMENT: All three parcels exceed the minimum 7,500 sq. ft. lot area standard of the R-4.5 zone. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement;and COMMENT: Tax Lots 101 & 111 are flag lots with a minimum 15-ft. frontage on SW 115th Avenue. d. Setbacks shall be as required by the applicable zoning district. COMMENT: The residences on all three parcels will comply with the setback standards of the R-4.5 zone subject to approval of the requested rear yard setback adjustment. 4. With regard to flag lots: a. When the partitioned lot is a flag lot,the developer may determine the location of the front yard, provided that no side yard is less than 10 feet.Structures shall generally be located so as to maximize separation from existing structures. b. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within 10 feet of an abutting lot in accordance with Section 18.745.050.Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. COMMENT: Setbacks on Tax Lots 101 & 111 will be determined prior to building permit issuance. The shared driveway will be screened from adjacent Tax Lot 110 with an existing landscape strip. 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. COMMENT: A fire hydrant is located across SW 1151h Avenue. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. COMMENT: A reciprocal access easement will be recorded over the shared access on Tax Lots 101 & 111. Page 5 7. Any accessway shall comply with the standards set forth in Chapter 18.705,Access, Egress,and Circulation. COMMENT: No accessways are proposed or required. B. Exemptions from dedications.A lot line adjustment is not considered a development action for purposes of determining whether floodplain,greenway, or right-of-way dedication is required. COMMENT: This project is exempt from the requirement for dedication of additional right-of-way. C. Variances to development standards.An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. (Ord. 09-13) COMMENT: An Adjustment to reduce the rear yard setback of Tax Lot 110 from 15-ft.to 12-ft. is submitted as a separate application. 18.410.050 Recording Lot Line Adjustments A. Recording requirements. Upon the director's approval of the proposed lot line adjustment,the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the city,to be incorporated into the record. B. Time limit.The applicant shall submit the copy of the recorded lot line adjustment survey map to the city within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. COMMENT: The applicant will record the Lot Line Adjustments in a timely manner as required. erely, /attNewman Manager NW Engineers, LLC ENGINEERS 3409 NW John Olsen Place Hillsboro, OR 97124 Phone(503) 601-4401 ■ Engineering Fax(503) 601-4402 &Planning Website www.nw-eng.com November 18, 2016 City of Tigard Community Development Department Attn: Lina Smith 13125 SW Hall Boulevard Tigard, Oregon 97223 RE: Rear Yard Setback Adjustment 13185 SW 115th Avenue 2S103CA 001(0 Dear Ms. Smith: NW Engineers represents BCS Development LLC, Bruce Sinkey, the owner of the property located at 13185 SW 115th Avenue. Mr. Sinkey is proposing a series of Lot Line Adjustments between three legal lots of record which were re-established per Documents 2016-056307, 308 & 309 on July 20, 2016 (See Attached). These properties are further described as Tax Lots 2S1 03CA 101, 110 & 111. This Adjustment application is related to LLA2016-10. The request is to reduce the rear yard setback from the existing house on Tax Lot 110 from 15-ft. to 12-ft. The Type 1 Adjustment is being submitted with the required signatures and plan. The following are the required findings per Chapter 18.410. Chapter 18.370 Variances and Adjustments 18.370.020 Adjustments A. Purpose.The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using"clear and objective standards,"these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments"which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in subsection C of this section. COMMENT: The applicant is requesting a Development adjustment. Engineering v Planning Managers: Matt Newman Steve White,PE Page 2 B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure,as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone.Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone. COMMENT: The applicant is requesting a Type I adjustment to the rear yard setback. The 20% request reduces the 15-ft. setback to 12-ft. 2. Approval criteria.A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; COMMENT: The need for the adjustment is to create a larger building footprint on Tax Lot 101 through the lot line adjustment. The existing house on Tax Lot 110 is located towards the rear of the site resulting in a very large adjusted lot and narrower Tax Lot 101. b. The adjustment will result in the preservation of trees, if trees are present in the development area; COMMENT: The adjustment will not result in the preservation of trees. c. The adjustment will not impede adequate emergency access to the site; COMMENT: The adjustment will not impede emergency access and will actually create slightly more room for vehicles to maneuver on Tax Lot 101 d. There is not a reasonable alternative to the adjustment which achieves the desired effect. COMMENT: No alternative is available which provides the wider building footprint that the applicant desires. Page 3 C. Special adjustments. COMMENT: This section is not applicable. i ncerely, att Newman Manager ADDITIONAL DOCUMENTS Washington County,Oregon 2016-106606 D•DIEIS Stn=27 S AKINS 12/23/2016 09:49:28 AM After recordine return to: $20.00 511.00 S5.00$20.00 $56.00 BCS Development,LLC 1,loch.mHot,—IM DI—M-rA.....m.nl.ndT...Non.ndF., Whdu County Cl.,k rar W..hingw,Courcy,01ryen,du 1,u.0y 19705 SW 65 Ave c.rdlyUatlh.wminln.l,.m.nlofwiling w,s—tv.d,nd Tigard,OR 97223 r.coradmm.book Or.com.ol..ld—ty. Richard Hobernlcht,Dlrec!or of ASSe6Slnenl and Iaxatlon,tk-OMCJo I Sent Tax Statements 1'o: No changes t DEED Property Line Adjustment RECEIVED � Case File Number:ADJ2016-00117 ACS Development,LLC,an Oregon limited liability company,Grantor,conveys to,BCS Development,LLC,an Oregon limited liability company,Grantee,the following real property DEC 2 7 2016 r situated in the City of Tigard,County of Washington,State of Oregon: Please see Attached Property Descriptions CITY OF TIGARD PLANNING/ENGINEERING Original conveyances in deeds recorded as Document No. V Tax Lot 2S103CA-00101(Tract 1):2016.056308 Tax Lot 2S 103CA-001 10(Tract 2):2016.056307 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING C:) FEE:TITLE SHOULD INQUIRE ABOUT T1 IE PERSONS RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305'1'0 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, z OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN Q VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY T14AT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY TETE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195,300, 195.301 AND 1 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. The true consideration for this conveyance is$0.00 for property line adjustment. Dated this 2Z day of QC C 12016. BCS Development,LLC Member— / STATE OF OREGON,County of [LrL U1GJCf--- )as ( E t� € This instrument was acknowledged before me on day of y 12016 by ext 1 co �l r�l�e as Member of BCS Development,LLC. OFF/ IAL STAAip _ JODI REILLY D4 Public for Ore on t NOTARY PUE3UL'-0REOON g J �,Z Q , CGMMISSION N0.949316 My CO fission oxpires; �pc.:..� tAY COMk115S10N EXPIFES APRIL 05,2020 i I