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Silver Lake Road. No runoff would go onto adjacent property. Tri stated that recently the site was surveyed. The surveyor’s stakes left one-foot holes in Tri’s front yard. William Pickering, 2407 Mounds Avenue, stated he was a real estate agent and appraiser for Edina Realty. Pickering stated he listed the three homes on Mounds Avenue. When he listed the house at 2467 Mounds Avenue, Pickering stated he talked with Erny Mattila, the former City Planner, about the commercial property. Pickering stated Mattila said the site was only large enough for a small office such as an insurance agency. Pickering stated that, when he listed Tri’s house, he talked to the City again. Staff said there would never be anything on that site but an office building. Pickering stated he asked City Staff about the site on a third occasion. Staff stated the City was going to recommend that west of Silver Lake Road would be commercial and the property to the east would be for office development. An office would be open eight hours per day; the Hollywood Video store would be open twelve to fourteen hours per daily. The store would reduce the value of the neighboring properties. Pickering stated the City on three separate occasions told him that only an office building could be developed on the site. Schiferl asked how many years ago did this happen. Pickering responded in 1993 or 1994, in 1995, and again within the last two months. Schiferl asked if Pickering he told the buyers what the existing zoning is and what the permitted uses are. Pickering responded he told the buyers exactly what City Staff told him. Schiferl asked Pickering if he told the buyers about the existing zoning and the permitted uses in that zoning. Pickering stated he went to the City and each time the City told him what would be there. Whatever the zoning, if the City’s long-term plan was for office and limited uses on the east side of Silver Lake Road, the buyers of the homes have a grievance. If the City approves this commercial building, buyers will pay five to seven percent less for homes in the area than if an office building was on the site. Schiferl stated that a property owner located next to a vacant lot that is zoned commercial should expect the owner of the vacant lot will eventually build a commercial business on the site. Pickering asked if a resident has a right to rely upon information given by the City Planner. Schiferl responded that unless the current zoning is changed, despite any long-term plan, the zoning cannot be construed to be anything other than what it is. Schiferl said Pickering did not tell the buyers about the current zoning. Pickering asked if the buyer had a right to rely on the information Pickering got from the City Planner. Pickering stated he disclosed what the City told him. Livingston asked if, as an appraiser, Pickering called a city to find out what are the permitted uses on a property. Livingston stated he is a certified general appraiser and that is what he does. Pickering stated he is not appraising a house when he lists it. Livingston stated he understood the difference, but Pickering had a responsibility to find out about what the zoning permits. Pickering stated he not only called the City but asked the City Planner in person about the City’s plans for the property. Livingston’s responded the City normally does not have plans for a particular property except for what the zoning indicates. Pickering said he attended a meeting recently where the City said they wanted to change the zoning so there would only be office buildings to the east of Silver Lake Road. Livingston stated the Planning Commission did not meet on rezoning of the property in question. O’Brien asked if the meeting Pickering to which referred was a meeting of the Comprehensive Plan Task Force. Teague stated that the site was mentioned during the Comprehensive Plan process. Teague said he stated in his presentation that evening that the Task Force suggested the Comp Plan request a zoning change for that site, among many others, to B-3 from B-1. Zisla asked if there is a recommendation in front of the Commission now for rezoning this property. Teague responded negatively. Zisla stated that the fact is this property is currently zoned B-3. The Comp Plan Task Force has discussed changing the zoning, but a zoning change is not pending. Currently there is a proposal before the Planning Commission for a permitted use. The only Special Use Permit consideration concerns the setback. Under the current zoning, Hollywood Video is a permitted use. I:\COMMISSIONS\PLANNING\MINUTES\1999\06-15-99.WPD 6