RES 1997-1597 - Plan for construction of residence at 3918-24 N 22nd St •
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:‘\`, g.4- �, 1 L) Planning Department
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(402)444-5150
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City of Omaha r ,i l r i ,,
Hal Daub,Mayor
Honorable President
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and Members of the City Council,
The attached proposed Resolution approves the attached Plan submitted by the Omaha Housing
Authority for the construction of a three bedroom, duplex residence to be located at 3918-24 North
22nd Street. Approval of the Plan by the City Council is required by Nebraska State Statute Section
71-1531 before the Omaha Housing Authority can construct any new housing units.
The Omaha Housing Authority is proposing to construct the duplex residence at 3918-24 North 22nd
Street to satisfy two of the one-for-one replacement requirement as required by Sections 5(h) and
6(c)(4)(b) of the Housing Act of 1937, the Hawkins v. Cisneros Settlement Agreement. The
Hawkins v. Cisneros Settlement Agreement required OHA to locate at least 75%of the replacement
units for Logan Fontenelle South outside of an "impacted" census tract. The consent degree also
required that the first 25% of the required replacement units had to be outside of the "impacted"
census tract. The Omaha Housing Authority has advised us that it has placed more than 25% of the
first replacement units outside of the impacted area; and,thus, is now free to provide replacement
units within the impacted census tract. The OHA Housing Authority Replacement Plan has been
approved by the City Council and the newly constructed duplex residence would serve as two of the
required replacement units for Logan-Fontenelle South which has been demolished.
Your favorable consideration of this Resolution will be appreciated.
Respectfully submitted, Referred to City Council for Consideration:
1/x-N1 Zi/ c•2. ' 2 , 27 f 7
fkfk Planning Director Date Mayor's Office/Title ate
P:\PLN2\3995.MAF
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- April 21, 1997
Ken Johnson, Economic Development Manager • •
City of Omaha Planning Department -
City/County Civic Center . - ' • , •
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. • 1819 Farnam Street, 1.1 th Floor V • - • '
Omaha, NE 68102 -
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Re: Proposal for New Construction/Legal
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. • • . Opinion •
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Dear Mr. Johnson:
As a licensed attorney in the State of Nebraska, I am rendering the following legal opinion
on behalf of the Housing Authority of the City of Omaha (OHA). The OHA is a body corporate
and politic, organized and existing under the laws of the State of Nebraska. 24 Code of Federal
Regulations (C.F.R.) §941, governs OHA's actions in the construction of additional public
housing to replace housing units which have been disposed of or demolished. • •
The proposed effort by OHA serves to satisfy the one-for-one replacement of housing
units as required under the Hawkins v. Cisneros Settlement Agreement and the OHA Housing
Replacement Plan, that have been approved by the City of Omaha OHA plans to construct a
duplex on a lot owned by OHA, with the common address of 3918-24 North 22nd Street.
Therefore, I am rendering the following legal opinion to the City of Omaha pursuant to Neb. Rev.
Stat. § 71-1531. .
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Neb. Rev. Stat. § 71-1531 states, in pertinent part: . ' , .
(1) . Before any housing authority shall construccany;:iiew:housing project for •
dwelling purposes; it shall submit to the governing.body of the city,
-i.a .r` .Nti • q _ ;;
F•, Jr- ., village, or county. creating such authority, as thecase may be, ort.tosthe •.' s .
�- 7,t ;``,� • governing(body�ofithc'.political subdivision,vvhich-has•zoning-iurisdiction, -x� r ,e-. ;'"1.°
�,� ;; �, � �,�., , for the site'or sites of,'such:new project, in the case of joint.housing �i'
j i.^"'. f k ',• t•')t i i trfyY.ij {- •i ,,A., f ` itiK ,. - f -„ y...•--...- -. -, -_ r••
., >:' a ' " .• .;- +i authorities;' a plan iindicating theigeneral,.location oetlocationsr..annd, ,t 1 � `r ;
4r,,t �',r.!. .} i+ ? c` i_ - j .: A �..• r• rs x.. r, .. V. ,�.•...... _.
G 1 �� �i'
• "� •N 1k `' 0, F;1-Z ' `,bound.ries ofrthe pr posed�'site or.sites for -any of;;such projects,, , t
-� . t-'�,.. , 4`•_"YA e� .•' ..r rt � .,. t•f.'' w -u''�t-.7 =..i_ er i t.�,A•n., • 1 f' i -•.,,+ _ 4,, ,,,i4'". 2 r+ ,,,r-r...N,:ogAb>i'<' ,+,
14.2VChichkplan shall;be subject,to,the,approval:of.suuch;governing b dyr.. .
�r 1.�.:K;'�w4'�`""~'c# _7�i►� �i,'r'{fj�s ,r,� r� ';7�...,.,,�"""'M •. �7 �n.:. ."„=.^l''.�:- �� ,
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` '`= t .#ands such:governing body may,m its.discretion, submit'such plan,t'o i�,a.
�{ ' .,1.. . '�- `, "` the planning.department, if,any; of the,city;.village,•or,county,=as�the 4 •
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4 ;•:7'7 ..,�; . •i ,y�- -,i.s�..s.<ay1 ! t ,f,i/,f e, ,y, -epa i i . cs +-,.•-• `e .an . t r-
_� ,,,,. s C-.� case inaybe,for that department;s,comments•and�recornmenda"bons:. ---"-'�����; • f .
{ ++"'� ,.,, 'V.i� ,11, j`. �2 )'- 4`h;�aY�' - G•,...: _;.+' n'r Chris i yc y�.
4Y ; '!R tyy 4 "".�. ' '+M',:; 'k , �-.3C,,LL ` '"G'•,
�< 1 ( rrrt;�, 'yG... 'Y. •.Y•q,. .;J. I ' -!. #,,�.`.s ' ;t• •..•rw,` -n' .
•to f -. • N. • Lgi, �..a.r z:..t ♦'ti Jt -;t7;, L•:'1. .♦ ;
.: .xp�c.,-, ,�,.,,.� "`'r' '549 27,Street•Omaha,NE 68105-1521 /Phone (402)444-6900 -y,;,,�^i,
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The legal description of the property is: Lots 4 and 5, Block 3, Plainview, with a
common address of: 3918-24 North 22nd Street. The size of the lot is 100 feet x 124 feet. The
zoning is R-5, urban family residential. There are no federal or state liens or encumbrances on
the property. The duplex to be constructed will contain three (3) bedrooms and two (2)
bathrooms on each side. The duplex to be constructed will be approximately 1,150 square feet on
each side. The OHA Planning Department has submitted, herewith, all of the required
descriptions, locations, references and boundaries of the proposed site for the duplex to be
constructed at 3918-24 North 22nd Street.
After reviewing the information submitted to you by the OHA Planning Department, I
have found that all of the requirements of the Neb. Rev. Stat. § 71-1531 and 24 C.F.R. § 941
have been met. Hence, I submit that the proposed construction of a duplex on the
aforementioned property owned by OHA located at 3918-24 North 22nd Street, is consistent
with federal, state and local laws; regulations, ordinances and rules.
Sincerely,
nc L. hitner
General Counsel
cc: Bob Peters, Planner
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OHA
Property Acquisition of
3918-24 North 22nd Street
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Lots 4 and 5, Block 3, Plainview
Lot Size: 100' X 124'
Zoning: R-5
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 7
Duplex
Two story
Three bedrooms (each side)
Two baths (each side)
1,150 s.f. (each side)
ACC: Logan-Fontenelle South Replacement
City Council: 2
District
Census Tract: 8
Attached: Survey of property by Thompson, Dreessen&Dorner
Closest OHA: 2552-54 Manderson Street (4 1/2 Blocks)
Property
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FRONT ELEVATION
O.H.A. INFILL UNIT 7(A)
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HEAOPAL KITCHEN
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BASEMENT LIVING
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Q.H.A. INFILL UNIT 7
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UPPER FLOOR
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OMAHA HOUSING AUTHORITY
1 LEGAL DESCRIPTION
LOTS 4 AND 5, BLOCK 3 PLAINVIEW, AN ADDITION TO THE CITY OF OMAHA AS
SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA.
CERTIFICATION
THE SPOT ELEVATIONS AND THE TREE LOCATIONS
SHOWN HEREON ARE AS I FOUND THEM TO BE ON
DEGEMBER 12, I116.
LEGEND
R RECORDED DISTANCE•
M MEASURED DISTANCE
P PRORATED DISTANCE
TO TOP OF CURB DAVID H. NEEF
G� UTTERB NEBRASKA R.L.S. 475
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JOB NO. IOIO-102-133-A DEGEMBER 12, 1�i96 �
BOOK: 16-35 PAGES: 55 g 56
THOMPSON,DREE55EN AND DORNER, INS., IO83b OLD MILL ROAD. OMAHA,NEBRASKA 68154,402-330-8860
c 25A CITY OF OMAHA
F
s` LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha Housing Authority has received ownership of a vacant lot
located at 3918-24 North 22nd Street and legally described as Lots 4 and 5, Block 3, Plainview
Addition, as surveyed, platted and recorded in Douglas County,Nebraska; and,
WHEREAS, the Omaha Housing Authority proposes to construct a three bedroom
two-story duplex residence at the 3918-24 North 22nd Street site to satisfy two of the one-for-one
replacement requirement as required by Sections 5(h) and 6(c)(4)(b)of the Housing Act of 1937, the
Hawkins v.Cisneros Settlement Agreement, and the OHA Housing Replacement Plan that has been
approved by the City Council; and,
WHEREAS, before the Omaha Housing Authority can construct any new housing
units, the Omaha City Council must approve a plan which indicates the general location and
boundaries of the proposed project site as required by Nebraska State Statute Section 71-1531; and,
WHEREAS,the Omaha Housing Authority has developed a plan in conformance with
applicable Federal and State requirements for the construction of a three bedroom, two bathroom,
two-story duplex residential structure comprised of approximately 1150 square feet each side to be
located on the above described vacant lot located at 3918-24 North 22nd Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Plan, submitted by the Housing Authority of the City of Omaha,for the
. construction of one(1) two-story duplex residential structure to be located at 3918-24 North 22nd
Street, legally described as Lots 4 and 5, Block 3, Plainview Addition, as surveyed, platted and
recorded in Douglas County,Nebraska, is hereby approved.
P:\PLN2\4001.MAF APPROVED AS TO FO
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ASSISTANT CITY ATTORNEY DATE
By ��/e� .
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Adopted "N 1 0 1991 2.. :5;'.
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