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A hearings officer denied the restaurant's application on Aug. 29, but the decision can still be appealed.

After more than a year of community frustrations, a Washington County hearings officer denied the application for an In-N-Out Burger location outside Beaverton on Aug. 29.COURTESY PHOTO: IN-N-OUT BURGER - A rendering of the proposed In-N-Out Burger location at 10565 S.W. Beaverton Hillsdale Highway in Beaverton.

The proposed development would be a 3,885-square-foot restaurant, plus a drive-thru, at 10565 S.W. Beaverton-Hillsdale Highway in unincorporated Washington County, just outside Beaverton city limits.

Hawaiian Time and a former Mexican restaurant currently occupy the site, which is across from Uwajimaya and next to Chick-fil-A.

The hearings officer's report said the northeast and northwest corners of the site are zoned "office commercial." That type of zone can only be used for vehicle parking, the report said, and vehicles waiting to access the drive-thru and overflowing into those sections of the property would violate that rule.

In his conclusion, the hearings officer said In-N-Out proposed to use these zoned portions for drive-thru overflow, but the company failed to show that this use was allowed — even temporarily, while the restaurant is busy after first opening.

Neighbors and surrounding businesses have shared concerns about the location's traffic impacts since In-N-Out's first community meeting in late 2020, even though the restaurant said the site design would accommodate this drive-thru overflow.

In a more recent meeting, neighbors were still wary of the proposed development and its affect on traffic and pedestrians.

If In-N-Out chooses to, the decision can be appealed to the Oregon Land Use Board of Appeals within 21 days.

In-N-Out has also reportedly been considering at least two more restaurant locations in Washington County, including in Tualatin and Hillsboro.

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