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Deficient mailed notice forces MOD004 at East 96th Street to be continued

Metropolitan Development Commission Hearing Examiner · June 25, 2026
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Summary

A petitioner and resident told the hearing examiner that five Hamilton County properties were omitted from the affidavit of mailed notice for expedited petition 2026MOD004; staff confirmed the omission and the examiner continued the petition to August 13 to allow corrected notice.

Patrick Moon told the examiner that he had been notified this morning that five properties across 96th Street in Hamilton County were not properly included in the affidavit of mailed notice for expedited petition 2026MOD004 at 33 East 96th Street. "We were notified this morning that the 5 properties across 96th Street in Hamilton County were not properly notified," Moon said. He asked whether supplemental notification could be sent so the item could return sooner than August.

Jeff, a staff member, confirmed the affidavit omitted those Hamilton County addresses and recommended continuing the petition to the August 13 hearing so corrected notices and an amended affidavit could be filed. The hearing examiner ordered the continuance to August 13 and instructs the petitioner to provide an amended affidavit that includes the omitted properties.