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Mr. Andy Saberi c/o William H. Paynter and Thomas I. Saberi, Attorneys Zoning Administrator Page 2 4. On or about December 14, 1976, the Planning Commission approved the issuance of a use permit to allow the reinstitution of the operation of a service station on the Property, subject to certain conditions therein specified. 5. On or about June 27, 1979, the Zoning Administrator approved the issuance of a use permit for the operation of a service station on the Property. (The Zon. Ord. as of said date no longer required Planning Commission approval of use permits). Said use permit included the condition, among others, that" . . . the requirements of Article 35 of the Zoning Ordinance, 'Service Stations,' be complied with." 6. On or about September 15, 1982, the Zoning Administrator issued a use permit to allow the service station operation to include the operation of a convenience store in conjunction therewith. Said use permit also included the provision that, " . . . all requirements of Article 35 [Service Stations] of the Zoning Ordinance be met" 7. During 1995 service station operations on the Property ceased for more than a six-month period while soils and underground water contamination remediation activities were conducted thereon. On or about August 26, 1996, the service station operation was recommenced. 8. Shortly after the recommencement of the service station operation, Planning Department staff received complaints from owners and occupants of properties located in the vicinity of the Property. Said complaints included, among others, allegations regarding traffic congestion, noise impacts, glare from lighting installed on the Property, open storage of salvage materials, unenclosed trash, strong odors of gasoline emanating from the premises, and the removal of mature landscaping and fencing between the Property and adjacent premises. 9. On September 23, 1996, upon the recommendation of the Zoning Administrator, this Council initiated revocation proceedings pertaining to the use permit pursuant to Zon. Ord. Section 42.9. 10. Pursuant to the provisions of Zon. Ord. Section 42.9 b., the Zoning Administrator held a public hearing on the question of revocation of the use permit and prepared a report of findings and recommendations pertaining thereto, which report, dated as of November 4, 1996, was presented to, and considered by this Council. Pursuant to the provisions of Zon. Ord. Section 42.9c., a public hearing was held by this Council on said date. MINUTE BOOK NO. 55 Page No. 034 Fndgs-3