The hearing examiner at the Oct. 9 examiner-level docket withdrew a recommendation and referred companion petitions 2025 APP 009 and 2025 VAR 006 (8140 Township Line Road) to the Metropolitan Development Commission meeting on Nov. 5 after staff discovered the newspaper legal notice misstated the number of parking spaces.

"I am going to withdraw my recommendation on 2025 app 009 and var 006 due to the published notice, stating the incorrect number of parking spaces. And then I'm going to refer those petitions directly to the Metropolitan Development Commission hearing on November 5," the hearing examiner said at the close of the expedited portion of the docket.

The applicant's representative, Nathan Winslow of American StructurePoint, described the proposal as an expansion to build a new independent-living structure: a three-story condominium-style building with associated parking. Winslow said the application and mailed legal notices listed 140 parking spaces; the earlier hearing summary had noted 128.

Staff confirmed the discrepancy: the staff report and the mailed legal notices showed 140 spaces, but the published legal advertisement did not reflect that figure. Because the published notice differed from what was mailed and from the staff report, the examiner withdrew the examiner-level recommendation and sent the matter to the full MDC to ensure correct public notice and allow the commission to consider the petition with consistent published materials.

The examiner told applicants and staff that the Nov. 5 MDC hearing was the intended placement date and that publication deadlines for the MDC agenda would be observed to ensure accurate notice to the public.

No formal vote occurred at the examiner hearing; the action recorded was a withdrawal of the examiner’s recommendation and referral of the petitions to the full commission docket.