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I I I II II Mr. Andy Saberi c/o William H. Paynter and Thomas I. Saberi, Attorneys Zoning Administrator Page 5 "- use of the premises for a service station than that granted under the use permit dated September 15, 1982. 24. The relatively limited area available on the Property for the installation of the third service island, and the location thereof selected by the Owner, results in insufficient space for safe vehicle maneuverability on the Property, particularly when the other two service islands are in use. 25. The use of the third service island by customers, combined with the lack of maneuverable space on-site, causes a backup of vehicles onto Horgan Avenue and Woodside Road during certain hours of operation. Said backup results in congestion of traffic which, in turn, creates a hazardous, unsafe condition for the passage of vehicles. 26. The aforesaid more intensive use of the Property associated with the third service island also increases the level of noise associated with the use of the Property which is annoying to occupants of adjoining and other properties in the vicinity of the Property. 27. By reason of the foregoing conditions, use of the third service island is detrimental to the health, safety, comfort and general welfare of persons - residing or working in the vicinity of the Property, and the public, and is injurious or detrimental to property and improvements likewise in the vicinity of the Property and the general welfare of the City. 28. The newly installed third service island should be, and is hereby ordered to be, removed. 29. The Owner contends that the provisions of Zon. Ord. Section 35.9 do not pertain to the operation of a service station on the Property and, particularly, that the provisions of Zon. Ord. Section 35.ge. do not so pertain because use of the Property as a service station predated the enactment of said Article 35. 30. Zon. Ord. Section 35.9.f. provides: "All service stations, existing upon the effective date of this section [35.9] which do not meet the standards and provisions governing operations as provided for in this section, shall comply with the provisions hereof within 90 days of the effective date of this section." 31. The service station use of the Property was existing as of the '-' effective date of the aforesaid section. More than 90 days have elapsed since MINUTE BOOK NO. 55 Page No. 037 Fndgs.3