Editor’s note: The story has been clarified to reflect that the proposed location was in unincorporated Washington County, that the reason for the rejection was for a “land use issue” and that it was a community member who submitted testimony suggesting an In-N-Out location at Washington Square.

PORTLAND, Ore. (KOIN) — Beaverton burger lovers received some bad news on Tuesday involving a popular fast food chain being planned near Beaverton.

In-N-Out’s application to build a new restaurant in unincorporated Washington County, just outside city limits, was denied because the application “failed to sustain its burden of proof that the proposed use complies” with the criteria set out for approval.

KOIN 6 News learned the decision to block the building of In-N-Out on Beaverton Hillsdale Highway near SW 107th is due to a land use issue.

“The proposed site is split between two land use districts: Commercial Business District (CBD), which allows drive thru restaurants, and Office Commercial (OC), which does not allow drive thrus (with very limited exceptions),” a Washington County spokesperson clarified to KOIN 6 News in an email. “Some of the onsite parking and internal driving aisles supporting the proposed In-N-Out restaurant would have been located within the OC district. The Hearings Officer concluded that the proposed drive thru use cannot be allowed with any of the associated parking or circulation located in the OC district.”

However, one community member has suggested building an In-N-Out location at Washington Square instead in submitted testimony.

Though the application went through the Washington County Land Use & Transportation division, Type III applications — like this one — “are made by an independent hearings officer,” a Washington County spokesperson said.