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Mr. Andy Saberi c/o William H. Paynter and Thomas I. Saberi, Attorneys Zoning Administrator Page 10 50. The service station use of the Property was in existence on the effective date of the aforesaid section and more than 90 days have elapsed since said effective date. Section 35.5 pertains to the service station operations on the Property. Therefore, signage on the Property shall conform to the provisions thereof. 51. The Owner contends that the City has selectively enforced the provisions of Zon. Ord. Article 35 against the service station operation on the Property and, particularly, the provisions of Section 35.9.e. (quoted above) governing the hours of operation for service stations on sites adjoining residentially-developed property. 52. The conditions of operation of the service station on the Property giving rise to these revocation proceedings were brought to the attention of the City by occupants and residents of properties adjoining and in the vicinity of the Property. The Owner consistently resisted informal attempts by the Zoning Administrator to gain compliance with the provisions of Zon. Ord. Article 35 and, particularly, Zon. Ord. Section 35.9.e. The Owner further resisted efforts of the Zoning Administrator to require the Owner to apply for an amended use permit, or a new use permit, to permit the changed, more intensive, use established by the Owner upon reopening the service station operation in August 1996. 53. Enforcement of the Zon. Ord. in response to citizen and resident complaints does not constitute selective enforcement or otherwise evidence of bias or animus of the Zoning Administrator toward the Owner and/or the Owner's service station operation. The existence of alleged Zon. Ord. violations, if any, pertaining to service stations in the vicinity of the Property or elsewhere in the City does not excuse non-compliance of the Zon. Ord. by the Owner. To the extent, if at all, operation of other service stations in the vicinity of the Property has not been in compliance with the provisions of Zon. Ord. Section 35.9.e., the operators of said stations have been apprised by the Zoning Administrator in writing of the requirements of said section. CONCLUSIONS 1. The service station operations conducted or permitted on the Property by the Owner are in violation of the provisions of Zon. Ord. Sections 35.4.1. (Lighting Facilities), 35.5 (Signage), 35.6 (Landscaping), 35.7 (Fences, Walls, and Screening), 35.8 (Outdoor Storage and Refuse Areas), and 35.9.e. (Hours of Operation) as hereinabove specified. The installation and use of the third, newly installed service island causes unsafe, hazardous, annoying conditions as hereinabove described. MINUTE BOOK NO. 55 Page No. 042 Fndgs-3