Zoning board approves bar-owner's move to Alton Road with limits on outdoor hours; interior service allowed by code

The Zoning Board of Adjustment approved a distance-separation variance so the Abbey Brewing Company can relocate to 1439 Alton Road and operate an alcoholic beverage establishment approximately 204 feet from the nearest place of worship, provided the board'adopted conditions to limit outdoor hours and required a progress report.

Planning staff told the board the property sits in the CD-2 commercial district and is separated from nearby single-family residential by an alley and a concrete wall. Staff recommended approval subject to several conditions, including earlier closing hours for outdoor seating and a 90-day progress report to allow the board to reassess hours and impacts after the business opens.

Ian Bachekov, attorney for the applicant Abbey Casita LLC, said the brewer-operator Ray Regazio is relocating after his current lease will not be renewed and that the business is a neighborhood pub serving mostly local patrons. "We're here today, basically, so you can decide the future of the Abbey on Miami Beach," Bachekov told the board. He provided letters from the pastor of the nearby church saying the church had no objection to the bar moving in.

Owner Ray Regazio and his wife, co-owner Maritza Regazio, described the concept as a low-key, locally focused bar with no entertainment or outdoor speakers, a maximum of 40 indoor seats and 20 outdoor seats, a planted garden and no plans for amplified music. Public commenters who identified themselves as regular customers of the Abbey said they had never seen noise or incidents and supported the relocation.

Board members debated hours and neighborhood impacts. Staff noted that a full-service restaurant with a kitchen would not require the variance and could operate under different code rules; this was a bar/establishment variance because a full kitchen was not part of the proposal. After discussion and a motion to approve with conditions, the board used a 90-day return requirement and set outdoor seating hours to close at 10 p.m. Sunday'Thursday and 11 p.m. Friday'Saturday; the interior operation remains subject to whatever hours the code permits (by right up to 5 a.m. for certain liquor licenses), but the order and board discussion made clear the operation remains subject to any future citywide ordinance changes.

The board placed a condition that the applicant present a progress report within 90 days of commencement so the board can reevaluate hours and impacts if neighbors file complaints. The final vote after a motion to reconsider was 5-1 in favor of the variance with the stated conditions.

Votes at a glance: Motion to approve variance (mover: Miss Malakoff; second: Mister Assayon). Final recorded tally: yes 5, no 1. Conditions: outdoor seating hours (10 p.m. Sun'Thu; 11 p.m. Fri'Sat), progress report within 90 days; other staff conditions in draft final order remain unless modified by the board.

Next steps: Applicant will return in 90 days for a progress report; operations must comply with the conditions in the final order and any future changes in city code governing hours and alcoholic-beverage operations.