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Commission approves variance for accessory marina at Shell Bait Resort with conditions; applicant waived presentations

2232548 · February 5, 2025
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Summary

The commission approved a quasi-judicial variance for improvements to an accessory marina at the Shell Bait Resort (500 Diplomat Parkway). The applicant waived presentations and the commission voted to approve with findings and conditions, 3-0, with Commissioner Butler unable to vote by phone and Mayor Cooper absent.

The Hallandale Beach City Commission on Feb. 5, 2025, approved a quasi-judicial variance for improvements to an accessory marina at the Shell Bait Resort, located at 500 Diplomat Parkway, by a 3-0 vote with Mayor Mary Cooper absent and Commissioner Butler unable to participate.

The applicant’s attorney, Keith Poliakoff, confirmed on the record that the applicant waived the right to defer the hearing and also waived presentations. The city attorney explained that the commission must base any decision on the legal criteria in the city’s land development code and on substantial competent evidence; public sentiment alone is not evidence unless tied to facts.

Commission discussion proceeded without a staff presentation. Commissioners asked for and received disclosures of any ex parte contacts: Vice Mayor Mary Laszlo reported limited communications with nearby residents and a board president; other participating commissioners reported none. Witnesses who intended to testify were sworn.

A motion to approve the application “with findings and conditions as stated in the resolution” was moved and seconded; the commission recorded votes as yes from Commissioner Adams, Commissioner Lima Taub and Vice Mayor Laszlo, yielding a 3-0 outcome. Commissioner Butler was noted as unable to participate or vote by phone; Mayor Cooper was absent.

Because this was a quasi-judicial hearing, the resolution and exhibits incorporated into the record contain the legal criteria and findings on which the commission based its decision; those documents were referenced on the record but not read into the transcript in full.

The motion approved the variance subject to the resolution’s conditions and findings. The applicant waived presentations and invited the commission to decide based on the written record and the exhibits incorporated into the record.