In a potential setback for developer Kemper Freeman, a Bellevue hearing examiner has recommended that the city staff take a closer look at permitting a helistop in downtown Bellevue.

Bellevue hearing examiner Christopher Mathews said recommending that the helistop permit be denied "does not appear to be appropriate," but that the existence of two different copies of a Federal Aviation Administration form raises questions about whether the federal agency made an "appropriate" review of the proposed helistop.

The helistop permit is being requested by Freeman's Kemper Development Company. It would be located atop the 19-story Bank of America building on Eighth Avenue Northeast Eighth Street.

Mathews wrote that he did not have authority to ask the staff to study the issue further. So he's recommending that the city council ask the staff to prepare a new report, which might include new or modified conditions for allowing helicopter landings in downtown Bellevue.

In July 2009, hearing examiner Mathews first approved a conditional use permit allowing Kemper Development to put a helistop on the building. Later that year, Su Development -- a company that develops downtown condominiums -- appealed the decision. The appeal cited noise and safety concerns.

In November, the City Council looked at the appeal and decided that the hearing examiner needed to review a letter from the Federal Aviaton Administration about any possible safety issues, and consider if there are new conditions that should be added to the permit.

Hearing examiners are private attorneys with expertise in land-use and code issues. The city contracts with them to serve as impartial third parties to review land-use applications.