In-N-Out Burger is hitting another snag in its quest to open a new spot in Beaverton.
Here's the scoop: The beloved fast-food chain, famous for its "animal style" burgers and long lines, has its eyes on a location at Southwest Beaverton Hillsdale Highway and Southwest 107th Avenue, near Chick-fil-A. Things were looking up after the Oregon Land Use Board of Appeals (LUBA) asked for a re-evaluation of the 2022 decision that initially rejected In-N-Out's application.
The initial denial was because the plan didn't match the site's zoning rules. LUBA's decision meant the county hearings officer had to reconsider and provide better justification for the rejection. On April 16, the hearings officer flipped his stance and approved the application, but with a catch: In-N-Out has to meet several conditions, like annexing into Beaverton for utilities and creating a traffic management plan with local authorities, including the Washington County Sheriff’s Office and the Oregon Department of Transportation.
The latest twist: Interested parties had until May 7 to appeal the approval. On May 6, a Beaverton resident filed a Notice of Intent to Appeal.
What's next? Within 21 days, LUBA must receive all the materials that influenced the hearings officer’s decision. There's a two-week period afterward where these materials can be challenged if they’re incomplete or irrelevant. Then, 21 days after receiving the record, the petitioner (the party appealing) must file their petition explaining why they think the decision should be overturned.
After that, the local government (the respondent) will present their argument. Once everything is filed, there will be an oral argument where both sides plead their cases to the board. A few weeks later, LUBA will issue a written decision.
Looking ahead: These cases can take a while (LUBA aims to resolve them within 77 days), but opening a Beaverton In-N-Out was always going to be a long process. The conditions list is long, and the current buildings on the site (Hawaiian Time and the closed Azteca) need to be demolished before any construction can start. Even without the appeal, there were many obstacles to overcome before opening day.
If everything goes according to plan, In-N-Out will build an almost 4,000-square-foot restaurant with a drive-thru, outdoor seating, and extra parking. It would be the fifth In-N-Out location in Oregon, assuming no others open first.
