Grant parking variance reducing spaces from 20 to 15 for physical therapy clinic

DATE: February 4, 2026 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen R. Olmsted, AICP Planning Director RE: Pinecrest Physical Therapy Parking Variance – 8935 Pinecrest Parkway (US 1) ______________________________________________________________________________ PETITION REQUEST Pinecrest Physical Therapy is requesting approval of a parking variance from the requirements of the Village’s Land Development Regulations, Division 5.22, Off-Street Parking, to reduce the required number of on-site parking spaces from 20 to 15. The applicant previously satisfied the parking requirement through an off-site parking agreement with the owners and tenants of the Damiani Clothing Store building, located north of the subject property at 8865 Pinecrest Parkway. Pursuant to the terms of the agreement, Damiani provides access to five (5) excess parking spaces in the southeast corner of their parking lot. Pinecrest Physical Therapy and Damiani are now seeking to terminate their off-site parking agreement, and Pinecrest Physical Therapy is requesting a variance to allow 15 parking spaces on their property instead of 20 as otherwise required. The applicant in his Letter of Intent indicates that a reduction in the number of parking spaces required for the Physical Therapy practice is warranted because Pinecrest Physical Therapy has not needed the use of the 5 off-site parking spaces for their day-to-day operations. The applicant further indicates that Pinecrest Physical Therapy’s parking needs are met by the 15 on-site parking spaces and that they have stopped using the off-site spaces, although they continue renting them. The submitted Letter of Intent further states that many of Pinecrest Physical Therapy’s clients do not drive themselves to the business location because of mobility issues, or because they are younger students who do not drive. The submitted Letter of Intent states that patients with mobility issues and students who do not drive are typically dropped off and picked up by parents and caregivers. Parking Spaces Required/Proposed Variance Requested 20 Required/15 Proposed 5 Parking Spaces SITE LOCATION The subject property, Pinecrest Physical Therapy, is located at 8935 Pinecrest Parkway (US 1) in the BU-2, Special Business Development zoning district of the Village of Pinecrest. OWNER/APPLICANT Pipthy Three Holdings, LLC (Owner) and Ron Yacoub (Applicant) PUBLIC CORRESPONDENCE The Village has not received any letters in favor or in opposition to the requested variance. BACKGROUND AND SITE CONDITIONS The subject property is developed with a physical therapy clinic serving patients by appointment throughout the business day. The site currently contains 15 on-site parking spaces. The Physical Therapy practice is required to provide a total of 20 on-site parking spaces. To address this shortfall, the applicant has entered into a formal off-site parking agreement with Damiani Clothing Store. The existing off-site parking agreement was SUBJECT PROPERTY approved by the Village Council in January 2024 pursuant to the provisions of the Village’s Land Development Regulations. That agreement allows Pinecrest Physical Therapy to utilize five surplus parking spaces on the adjacent property, bringing the total available parking into compliance. The reserved parking spaces on the Damiani property are each posted with a sign that indicates, “RESERVED - Pinecrest Physical Therapy Employees Only - 7 a.m. – 7 p.m. Mon - Fri”. The applicant now seeks to cancel the off-site parking agreement and requests a variance to permanently reduce the parking requirement to the existing 15 on- site spaces. A copy of the approved off-site parking agreement development order and staff report are attached. The subject property is located within the North Kendall Subdivision Plat, recorded on June 6, 1946. There is a road behind the subject property and other adjoining commercial properties that extends between SW 90 Street and SW 69 Court. The recorded plat identifies this existing road as a 40-foot-wide “Parking Area”, and it is “dedicated to the perpetual use of the public”. It functions as a public street today with a 20-foot-wide asphalt roadway in the center and a landscaped area, approximately 10 feet wide, on either side of the road that completes the 40-foot-wide right-of-way. The existing road is posted with signs that state, “No Parking any time this block”. The applicant previously submitted an application for a permit to convert green space at the rear of the subject property into turf block parking spaces. The permit application has not been approved. The proposed parking area would encroach into required green space on the subject property and into the adjoining landscaped area that exists within the neighboring 40-foot-wide right-of-way. The addition of parallel parking spaces on either side of the asphalt roadway, within the designated road right-of-way would require approval by the Village of Pinecrest. Parallel parking spaces would need to be 9 feet wide and 23 feet long. Additionally, any parking spaces would need to be positioned so that they do not encroach into the required safe sight triangle on each side of the existing driveways intersecting the roadway. Construction of 5 or more parking spaces within the existing right-of-way would require removal of mature landscaping and trees that exist on both sides of the road. Furthermore, while the addition of parallel parking spaces within the existing right-of-way would benefit the neighboring property owners by providing offsite parking that could be used by business owners and their customers, the parking spaces would not be provided entirely on the applicant’s property, or pursuant to the terms of an approved off-site parking agreement as otherwise required to satisfy parking requirements of the Village’s Land Development Regulations. PINECREST PARKING SURVEY Code Compliance Officers completed a survey of existing parking conditions at Pinecrest Physical Therapy, including utilization of the off-site parking spaces on the Damiani Property north of the subject property. The survey was conducted on January 28, 29, 30 and February 2. Survey results indicate that more than 15 vehicles were parked on the Pinecrest Physical Therapy property and within the Damiani parking spaces reserved for Pinecrest Physical Therapy on 3 of the 4 survey days, particularly during the morning survey times. January 28, 2026 10:40 a.m. 20 vehicles counted – Pinecrest Physical Therapy (16 vehicles): 14 of 15 on-site parking spaces occupied, 1 vehicle parked in the green space at the rear of the building, 1 vehicle parked in the drive aisle adjacent to the south side of the building. Damiani, parking spaces reserved for Pinecrest Physical Therapy (4 vehicles): 4 of 5 reserved parking spaces occupied. January 29, 2026 9:02 a.m. 16 vehicles counted - Pinecrest Physical Therapy (14 vehicles): 14 of 15 on-site parking spaces occupied. Damiani, parking spaces reserved for Pinecrest Physical Therapy (2 vehicles): 2 of 5 reserved parking spaces occupied. January 30, 2026 1:10 p.m. 6 vehicles counted - Pinecrest Physical Therapy (2 vehicles): 2 of 15 on-site parking spaces occupied. Damiani, parking spaces reserved for Pinecrest Physical Therapy (4 vehicles): 4 of 5 reserved parking spaces occupied. February 2, 2026 – 8:35 a.m. 17 vehicles counted - Pinecrest Physical Therapy (14 vehicles): 12 of 15 on-site parking spaces occupied, 2 cars parked in the green space at the rear of the building. Damiani, parking spaces reserved for Pinecrest Physical Therapy (3 vehicles): 3 of 5 reserved parking spaces occupied. PINECREST LAND DEVELOPMENT REGULATIONS Division 3.5(f) states that to authorize a variance from the terms of the Land Development Regulations, the Village Council shall find all of the following: 1. Variance consistent with authorized powers. That the variance is in fact a variance set forth in the land development code and within the province of the board or Village Council, as applicable, based upon the opinion of the Village Attorney. The Village Council has the authority to consider the proposed variance. Pursuant to Division 3.5(b) (2) of the Village Land Development Regulations, a variance is authorized to be granted by the Village Council for off-street parking and flood elevation requirements. Other variance requests may be considered by the Zoning Board. 2. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. There appears to be one special condition that exists for the commercial properties in the North Kendall Subdivision Plat recorded in 1946. The plat includes a 40-foot wide “parking area” designated at the rear of the property, although no parking within the designated area has since been provided. However, it does not appear that this condition has negatively encumbered the subject property. All lots in the North Kendall Plat appear to be in conformance with the minimum lot width and area requirements of the underlying BU-2, Special Business Development zoning district. 3. Conditions not created by the applicant. That special conditions and circumstances do not result from the actions of the applicant. The conditions and circumstances do result from the actions of the applicant. The applicant made the decision to satisfy on-site parking requirements with use of an off- site parking agreement and now states that “all parties have agreed to terminate the parking agreement as soon as possible”. The existing agreement otherwise allows the owner to meet parking requirements for the Physical Therapy practice. 4. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings, or structures in the same zoning district. Granting the variance will allow Pinecrest Physical Therapy to operate with a deficit of required parking spaces, thereby conferring a privilege on the applicant that would not otherwise be available without the variance. 5. Hardship conditions exist. That literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Land Development Code and would work unnecessary and undue hardship on the applicant. Literal interpretation of the Land Development Code would not deprive the applicant of rights commonly enjoyed by other commercial properties in the BU-2, Special Business Development Zoning District or deprive the applicant of all reasonable use of the property that would cause undue hardship. 6. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Approval of the requested variance is not necessary for continued reasonable use of the property. There are enough parking spaces on the subject property to accommodate commercial and office uses in compliance with the parking requirements of the Village’s Land Development Regulations. 7. Not injurious to the public welfare or intent of the land development code. That the grant of the variance will be in harmony with the general intent and purpose of the Comprehensive Development Master Plan and the Land Development Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Approval of the requested variance could be injurious to the neighboring area and serve as the basis for similar requests by other property owners in the Village, if approved. The purpose of the Land Development Code is, “to preserve the unique Village character; and to protect, promote and improve the public health, safety, comfort, order, appearance, convenience, and general welfare of the people within the Village”. The Parking survey conducted in January and February indicates that 16 to 20 of the total 20 required parking spaces were occupied at the time of completion of the 3 morning surveys conducted. Approval of the requested variance would create a shortage of parking spaces on the Pinecrest Physical Therapy property, causing patients to park on the grass, within the required green space and/or within the landscaped area adjacent the road right-of-way located immediately behind the subject property, currently posted as “No Parking”. STAFF RECOMMENDATION The Building and Planning Department recommends denial of the requested parking variance to reduce required parking from 20 spaces to 15 spaces since the request does not meet all 7 criteria required for approval of a variance. The request does not satisfy the required findings for approval of a variance under Division 3.5(f) of the Village’s Land Development Regulations, for the following reasons: • The circumstances cited by the applicant are not unique to the property and do not constitute a hardship. • The parking deficiency is the result of the pending decision to terminate an approved off-site parking agreement, not conditions inherent to the site. • Granting the variance would confer a special privilege by allowing continued operation with fewer parking spaces than required by code. • Parking surveys conducted by Code Compliance demonstrate that the business regularly utilizes 16 to 20 parking spaces, particularly during morning hours, confirming that the full parking requirement is necessary to support the use. • Approval could be injurious to surrounding properties, encourage illegal parking in landscaped and green space areas, and establish an undesirable precedent for similar requests. Staff further recommends that Pinecrest Physical Therapy continue to satisfy parking requirements through an approved off-site parking agreement, as previously authorized by the Village Council, or otherwise bring the site into full compliance with the parking requirements of the Village’s Land Development Regulations. PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE On Tuesday, February 10, 2026, to begin being heard not later than 7:00 p.m., the Village Council will conduct the following Public Hearing to be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: OWNERS/APPLICANT(S): Pipthy Three Holdings, LLC (Owner) and Ron Yacoub (Applicant) ITEM: Parking variance from the requirements of the Village’s Land Development Regulations, Division 5.22, Off-Street Parking, to allow a total of 15 parking spaces where 20 parking spaces are otherwise required. LOCATION: The subject property, Pinecrest Physical Therapy, is located at 8935 Pinecrest Parkway (US 1) in the BU-2, Special Business Development zoning district of the Village of Pinecrest. REQUEST: Approval of a parking variance from the requirements of the Village’s Land Development Regulations, Division 5.22, Off-Street Parking, to allow a total of 15 parking spaces where 20 parking spaces are otherwise required. The subject property, Pinecrest Physical Therapy is located at 8935 Pinecrest Parkway (US 1) in the BU-2, Special Business Development zoning district of the Village of Pinecrest. All interested parties are urged to participate. Live streaming video of the meeting will be available at www.pinecrest-fl.gov/live. If you do not wish to attend the in-person meeting, public comments may be submitted in writing prior to the hearing via e-mail to planning@pinecrest-fl.gov or on ZOOM during the meeting by sending a request to clerk@pinecrest-fl.gov prior to 12:00 Noon on Tuesday February 10, 2026. For additional information, you may contact the Building and Planning Department by calling (305) 234-2121, via e-mail at planning@pinecrest-fl.gov, or by writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. In accordance with the American with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at (305) 234-2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). SUBJECT PROPERTY