A proposed 320-unit apartment and retail project on West Linn's Tannler Drive heads to a hearings officer Oct. 28 after the City Council declined to hear the appeal itself.
The quasi-judicial hearing is set for Wednesday, Oct. 28, at 6 p.m. at City Hall, 22500 Salamo Road, according to the city's hearings officer agenda. The hearing will also be available virtually and on Cable Channel 30.
The applicant filed the appeal Sept. 14, challenging the Planning Commission's denial of a Class 2 Design Review and Lot Line Adjustment. The properties sit at 2410, 2422 and 2444 Tannler Drive and 1800 Blankenship Road.
The developer, Tannler Holdings LLC, proposed a 320-unit multifamily development with ground-floor commercial space across 11.4 acres, according to Your Oregon News. The Planning Commission denied the application after deliberating on Aug. 26.
Under new state housing laws, Senate Bill 974 and House Bill 4037, which took effect July 1, the commission held a public hearing only on the commercial portion of the project. Under those laws, the state no longer allows initial public hearings for new residential developments.
Why a hearings officer?
The City Council voted 4-1 on Sept. 22 to delegate its appellate authority to a hearings officer through Resolution 2026-08, according to the city's appeal page. Councilor Leo Groner cast the lone no vote.
Mayor Rory Bialostosky explained his reasoning at the Sept. 22 meeting, as reported by the West Linn Tidings: "After months of emails, phone calls, social media campaigns, yard signs, public comments, council would now be asked to shift into a role that requires impartiality."
Councilor Carol Bryck, who also serves as the planning commission liaison, said she felt a land use attorney would be better suited to navigate how state law overlaps with local code, according to the Tidings.
Other council members said extensive community communications would make it difficult to hear the appeal without bias.
Groner disagreed. He said he had not formed an opinion on the application and did not believe he was biased.
State investigation runs in parallel
Tannler Holdings also filed a complaint with the Oregon Housing Accountability and Production Office (HAPO), a state agency created in 2025 to enforce residential housing standards, Your Oregon News reported.
A Sept. 11 letter from HAPO stated that the denial of the commercial component "has the effect of denying the residential component of the development as well, impacting housing production," according to Your Oregon News. If HAPO finds violations, it could seek a court order requiring the city to comply with state law.
That investigation is running alongside the local appeal.
How to participate
The hearing is hybrid. Residents can attend in person at City Hall or watch online through the city's meetings page.
Written testimony must be emailed to staff liaison Darren Wyss at [email protected] by noon on Oct. 28. Anyone who wants to attend or speak remotely must register through the city's sign-up page by 4 p.m. on Oct. 28.
