RES 1997-1601 - Plan for residence at 3824 N 55th St ,
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Aotry (402)444-5150
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JruW 1:0,' 1997,E
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City of Omaha ,..,p I I', i h. N L..;1. .
Hal Daub,Mayor
Honorable President
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 two-story three bedroom, single-family residence to be located
at 3824 North 55th 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 single-family residence at 3824 North
55th Street to satisfy 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 single family residence would serve as one
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:
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'Planning Director Date Mayor's Office/Title at
P:\PLN2\3998.MAF
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April 21, 1997
Ken Johnson, Economic Development Manager
City of Omaha Planning Department
City/County Civic Center
1819 Farnam Street, 1 lth Floor
Omaha, NE 68102
Re: Proposal for New Construction/Legal
Opinion
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
house on a lot owned by OHA, with the common address of 3824 North 55th Street. Therefore,
I am rendering the following legal opinion to the City of Omaha pursuant to Neb. Rev. Stat. § 71-
1531.
Neb. Rev. Stat. § 71-1531 states, in pertinent part:
(I) Before any housing authority shall construct any new housing project for
dwelling purposes, it shall submit to the governing body of the city,
village, or county creating such authority, as the case may be, or to the
governing body of the political subdivision which has zoning jurisdiction
for the site or sites of such new project, in the case of joint housing
authorities, a plan indicating the general location or locations and
boundaries of the proposed site or sites for any of such projects,
which plan shall be subject to the approval of such governing body,
and such governing body may, in its discretion, submit such plan to
the planning department, if any, of the city, village, or county, as the
case may be, for that department's comments and recommendations.
re.;\
540 So. 27 Street•Omaha,NE 68105-1521 •Phone•(402)444-6900
The legal description of the property is: Lot 196 and 27 feet of Lot 197, Belmont
Addition, with a common address of: 3824 North 55th Street. The size of the lot is 77 feet x
132 feet. The zoning is R-4, high density, single family residential. There are no federal or
state liens or encumbrances on the property. The house to be constructed will contain three (3)
bedrooms and two (2) bathrooms. The house to be constructed will be approximately 1,280
square feet. The OHA Planning Department has submitted, herewith, all of the required
descriptions, locations, references and boundaries of the proposed site for the house to be
constructed at 3824 North 55th 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 single-family house on the
aforementioned property owned by OHA located at 3824 North 55th Street, is consistent with
federal, state and local laws, regulations, ordinances and rules.
Sincerely,
c L.Vairzux)
ner
General Counsel
cc: Bob Peters, Planner
• 1; .
OHA
Property Acquisition of
3824 North 55th Street
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Lot 196 and 27 feet of Lot 197, Belmont Addition
Lot Size: 77'X132'
Zoning: R-4
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 11
Single family
Two-story
Three bedrooms
Two baths
1,280 s.f.
ACC: Logan-Fontenelle South Replacement
City Council: 1
District
Census Tract: 57
Attached: Survey of property by Thompson, Dreessen&Dorner
Closest OHA: 3915 North 54th St. (21/2 blocks)
Property
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OMAHA HOUSING AUTHORITY
LEGAL DESCRIPTION
LOT I96 AND THE NORTH 21' OF LOT IQ"t BELMONT ADDITION, 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 A5 I FOUND THEM TO BE ON
JANUARY 22, l0111.
_- -MOO' R 16,52' M i° - DAV I D H. NEEF
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NEBRASKA R.L.S 415
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THOMPSON, DREESSEN AND DORMER, INC., 10836 OW MILL ROAD. OMAHA, NEBRASKA 68154, 402-330-8860
•c 2SA CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebr .][une...L0 19 97..
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha Housing Authority has received ownership of a vacant lot
located at 3824 North 55th Street and legally described as Lot 196 and the North 27 feet of Lot 197
Belmont Addition, as surveyed,platted and recorded in Douglas County,Nebraska; and,
WHEREAS,the Omaha Housing Authority proposes to construct a two-story three
bedroom single-family residence at the 3824 North 55 Street site to satisfy 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 two-story three bedroom, two
bathroom, single family residential structure comprised of approximately 1280 square feet to be
located on the above described vacant lot located at 3824 North 55th 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 single-family residential structure to be located at 3824 North 55
Street, legally described as Lot 196 and the North 27 feet of Lot 197 Belmont Addition,as surveyed,
platted and recorded in Douglas County,Nebraska,is hereby approved.
P:\PLN2\4003.MAF APPROVED AS TO FORM:
.ddycLe--yt 5--043
A STANT CITY ATTORNEY DATE
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Adopted JUN 0 1991
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