TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Patrick J. Murphy, Chief of Long-Range Planning
DATE: December 9, 2025
SUBJECT: Request for Release of a 10-foot Conservation Easement at 5380 95th Street
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BACKGROUND
The County has been petitioned by Charles and Sharon King, owners of Lot 9 of The River Boat Club subdivision, for release of a 10-foot wide conservation easement. The purpose of the easement release is for the construction of a future swimming pool. Therefore, it is requested that the Board of County Commissioners formally consider the following information at its regular meeting of December 9, 2025.
ANALYSIS
In 1990, when the Preliminary Plat for The River Boat Club subdivision was approved, Conservation Element Policy 5.3 of the of the County's Comprehensive Plan required a buffer zone of native upland edge vegetation to be retained around wetland and open water habitats which were constructed or preserved on new development sites. Since The River Boat Club included a man-made canal with a natural vegetation shoreline, the County's Environmental Planning staff required that at the time of the final plat review, a 10-foot wide conservation easement be created on those lots adjacent to the canal to indicate the required buffer. That easement was dedicated to Indian River County via Plat Book 14, Page 39A, and recorded in the Public Records of Indian River County.
The recorded plat states that the conservation easement, while dedicated to the County, reserves unto the owners of the lots the right to construct water access structures (see attached Final Plat). Since the creation of this subdivision, the previous natural vegetated shoreline along the man-made canal has been almost entirely impacted by the construction of sea walls, docks, platforms, boardwalks, and decks. Of the 20 lots that comprise The River Boat Club there are only 12 lots that are located adjacent to the man-made canal and all of them have some type of accessory structure located within the access and drainage easement (the canal).
This request has been reviewed by the Public Works Department, the Environmental Planning staff, and the County Surveyor. None of the reviewing entities have expressed an objection to the request. Therefore, it is staff's position that the required release of easement would have no adverse impact on the natural environment, the subject property, or to other neighboring properties. It shall be noted that docks, swimming pools, decks and other similar structures are incidental and customary in connection with principal buildings located on the same property.
BUDGETARY IMPACT
Not Applicable
PREVIOUS BOARD ACTIONS
There have been no previous board actions on this type of request
POTENTIAL FUTURE BOARD ACTIONS
This request is the only board action required to effectuate the easement release
STAFF RECOMMENDATION
Recommended Action
Staff recommends that the Board of County Commissioners, through adoption of the attached resolution, approve the release of the 10-foot wide conservation easement upon Lot 9 of the River Boat Club