RES 1997-1604 - Plan for residence at 3128 Charles St •
\E �:-ONIAHA, 'Fey `. r �• ' `__ [.) Planning Department
� y Omaha/Douglas Civic Center
2`t3'k•Vt n � 'y' ft t 1819 Farnam Street,Suite 1100
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z u Omaha,Nebraska 68183-0110
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o,p (402)444-5200
o1:6'yar o►�- CITY 'r`a k, (402)444 5150
FD FE Telefax(402)444-6140
City of Omaha. 'k`1 t-i . i-!
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 split level three bedroom, single-family residence to be located
at 3128 Charles 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 3128 Charles
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:
.1/ �z7/97
, Planning Director Date Mayor's Office/Titl Date
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ir ow--
April 21, 1997
Ken Johnson, Economic Development Manager
City of Omaha Planning Department
City/County Civic Center
1819 Farnam Street, 11th 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 3128 Charles 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:
(1) 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.
540 So.27 Street•Omaha,NE 68105-1521 •Phone•(402)444-6900
The legal description of the property is: Block D, Lot 8, Prospect Place, with a common
address of: 3128 Charles Street the size of the lot is 50 feet x 127 feet. The zoning is R-5 (35),
urban 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 1,180 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 3128 Charles 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 3128 Charles Street, is consistent with
federal, state and local laws, regulations, ordinances and rules.
Sincerely,
•
Eric L. Whitner
General Counsel
cc: Bob Peters, Planner
•
OHA
Property Acquisition of
3128 Charles Street
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Block D, Lot 8, Prospect Place
Lot Size: 50' X 127'
Zoning: R-5(35)
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 2
Single family
Split Level
Three bedrooms
Two baths
1,180 s.f
ACC: Logan-Fontenelle South Replacement
City Council: 2
District
Census Tract: 52
Attached: Survey of property by Thompson, Dreessen & Dorner
Closest OHA: 3127 Decatur Street (3 blocks)
Property
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' LEGAL DESCRIPTION
LOT 8, BLOCK D, PROSPECT PLACE, AN ADDITION TO THE CITY OF OMAHA A5
SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA.
CERTIFICATION
THE SPOT ELEVATIONS AND THE FENCE LOCATIONS AND
TREE LOCATIONS SHOWN HEREON ARE AS I FOUND THEM
TO BE ON DECEMBER 18, I41Q6.
CHARLES STREET
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JOB NO. IOIO-IO2-I38-A DEGEMBER 18, 19c16 BOOK: 16-26 PAGE: 68
THOMPSON, DREESSEN AND DORNER, INC., 10836 OLD MILL ROAD. OMAHA, NEBRASKA 68154, 402-330-8860
C-25A • CITY OF OMAHA
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 3128 Charles Street and legally described as Lot 8, Block D,Prospect Place Addition,as
surveyed,platted and recorded in Douglas County,Nebraska; and,
WHEREAS,the Omaha Housing Authority proposes to construct a split level three-
bedroom single-family residence at the 3128 Charles 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 split level three bedroom, two
bathroom, single family residential structure comprised of approximately 1180 square feet to be
located on the above described vacant lot located at 3128 Charles 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) split level single-family residential structure to be located at 3128 Charles
Street, legally described as Lot 8, Block D, Prospect Place Addition, as surveyed, platted and
recorded in Douglas County,Nebraska, is hereby approved.
P:\PLN2\3993.MAF .. APPROVED AS TO FORM:
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A ISTANT CITY ATTORNEY DATE
By
�- ounce member
Adopted J UN 1 .1997 7,,-
ty Clerk
Approved �/ a
ayor
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