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A dilly of a zoning dispute has reached a new stage with an appeal of a proposed Dairy Queen drive-thru in the Mount Tabor neighborhood.

A neighbor, Robert Galanakis, on Jan. 12 filed an appeal of Portland Permitting & Development鈥檚 decision to allow a drive-thru facility to be built at 5605 S.E. Division St.

PP&D had reversed an earlier decision that the drive-thru would not be allowed on the property, which is surrounded by houses, two schools and a park.

A city hearings officer will consider the matter at 9 a.m. on Feb. 25. A decision is expected within 17 days. The hearings officer鈥檚 decision could then be appealed to the Oregon Land Use Board of Appeals.

The land-use case hinges on whether the drive-thru is a legal nonconforming use. A drive-thru operated at the location for decades, beginning in the 1960s, but it was demolished between 2019 and 2020.

Galanakis argues that city zoning code requires that a drive-thru which 鈥渃eases operation for more than three years cannot be rebuilt, and that a permit alone cannot continue rebuilding rights,鈥� according to an appeal notice.

Lake Oswego lawyer Wendie Kellington is representing the Beaverton-based owners, Akum Investment Group, in the matter.