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well as other city fees and expenses, such as, by example, the cost of the City <br /> mandated letter of credit. <br /> 4. The owner has been charged, taxed and assessed at the commercial <br /> rate since 2001. The owner was charged the park dedication fee at the <br /> commercial rate. The owner has paid the commercial rate for the city water <br /> and sewer assessments, and the owner has paid real estate taxes at the <br /> commercial tax rate since 2001. <br /> 5. The City has promoted this lot as a commercial lot. With prompting <br /> from the City, the owner vigorously marketed this lot as a potential restaurant <br /> site, and even had a former mayor of Elk River meet on site with a restaurant <br /> owner. <br /> 6. The character of the neighborhood is commercial. In addition to <br /> the requirements of the City's agreements, and the history of this lot being a <br /> commercial site, the neighboring uses are commercial as well. In view of the <br /> proximity to Highway 10, with a Super America gas station and a bank as <br /> neighbors, logical planning would dictate that the use be as agreed to by the <br /> City, namely, commercial. (Property located diagonally to the south of the <br /> subject property is residential, but it is separated from the subject property by <br /> streets and different traffic patterns. See Exhibit A hereto.) <br /> 7. Prior City maps show the property as commercial. The map the <br /> owner received during the 2010 Focus Area Study shows the subject property as <br /> commercial. See Exhibit B hereto. <br /> 8. Section 30-575 of the Zoning Code sets forth the considerations for <br /> a zoning amendment, which have not been met here. Section 30-575 of the <br /> 2 <br />