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Planning & Zoning Commission/ Local Planning Agency June 12, 2013 Page 7 1995. Ms. Smith stated that McDonalds was annexed into the City in 1996 and the Community Development Director provided a 5 year period for properties annexed into the City to comply with the sign height requirements. Ms. Smith said due to changes in staff' and software changes, some of the history of this site was lost. She said changes to the supervision of the Code Enforcement Division resulted in failure to follow up on the sign height requirements for this site. Ms. Smith said that the Community Development Department initiated action regarding the sign height regulations. A brief discussion ensued that McDonalds was notified that the sign needed to come into compliance within the 5 year period. Mr. Tim Wright, owner, 692 Shadow Moss Circle, Lake Mary, Florida came forward. In response to the Commission's question, Mr. Wright said it is his intention to comply with the sign height requirements within the 3 years. He said he requested compliance within 3 years after the completion of the flyover project but that request was not supported by staff. A brief discussion ensued regarding the nature of the construction adjacent to the McDonalds' site, the negative impact to the business due to the road construction and the impact of changing the identity of the business with a new sign. Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. James Fraleigh, 23 Teresa Court, Casselberry, Florida came forward. Mr. Fraleigh said that the restrictions being placed on the businesses in our community are pushing businesses out. He said when changes are made to the code, existing conditions are "grandfathered in ". Mr. Fraleigh felt that the flyover project would negatively impact McDonalds. Mr. Fraleigh said he didn't see anything being done about the large billboard sign located on State Road 436. Mr. Fraleigh felt that McDonalds should be given 3 years after the completion of the flyover project to come into compliance. Mr. John Casselberry, 700 South Lost Lake Lane, Casselberry, Florida came forward. Mr. Casselberry was concerned that cars could roll over due to the change in grade and the lack of a guard rail in that area. He felt the wooded area adjacent to McDonalds was also a potential hazard.