RES 1997-1605 - Plan for residence at 3127 Decatur St •
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• F 0Nll,H'A• C '� � Planning Department
� s
`"� a Omaha/Douglas Civic Center
tf�%" c►t ra_
Jr�1�� � a '�� E : 1819 Farnam Street,Suite 1100
r ''1 Omaha,Nebraska 68183-0110
° (402)444-5200
OR'TED FEB '°' c 1 1.( .c i l`1` (402)444-5150
r r Telefax(402)444-6140
City Juhe`'10�;' 1997 #
of Omaha
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 two bedroom, single-family residence to be located at
3127 Decatur 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 3127 Decatur
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:
441anning Director Date Mayor's Office/Title ate
P:\PLN2\3997.MAF (0
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• .April 21, 1997 .
Ken Johnson, Economic Development Manager ' ' . ' -• • - .
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City of Omaha Planning Department . .
City/County Civic Center .
1819 Farnam Street, 1 l th Floor . • • •• ' . . '
Omaha, NE 68102' '
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- 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 3127 Decatur 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: '
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(1) . Before.any housing authority shall construct.any;:neWhousing project for
J,'r,r 1r; dwelling .purposes, it shall submit to the: overnin•"'bod of the city, -• .:N '-t
`i!fi ` ' . village, or county creati hi ng such authority as the case•may be, orjo.the {t""� ,�
't .. oveming bod of the' olitical subdivision,which-has•zoning,lurisdiction -r4 ,•s-
e Z'C-,. •- for the site•or'siiirl ite"s of such new project, in the case'.of jomt;housing :`
i ...r'- e`_. Y,r�n1' t t t to {ii " 1, I ' i i i r frt... I `' "''' -•
y � J " i r; ,, au,,,pries, a plan=:.,_. ing�.4..general,.location ,,,?, catwns and, �;2 4,
:- �.: r '�{, ;t;t ' 4 boundaries'oft,theHproposed 'site:or-:sites.-for=any of,...luch,prolects -
�`v_X„•+'�-�.a*'r .,.L�'.,�t� I t: t� ,�w- I�..� M", -.'- ti.;= .0.,'1-; y_ f�} 't -.v"#_u 4_''a.4+�.s,...._..r.:^,,:.a>wttA+.sx.-
- Y �� 5• roval"of.,such overnin bod , :`- .'
� which plan,.-•-, "• -...--ctao,the;app , •---.< g g,;,•, Y+ • :.
�.. +`i..► (t ',r ' 3:r'•,JS�.,i t !}�+ :a?Zr •°> . ,..,r....M.. ..,� r'ti,�'•�'-,,.t,s..r•^if:�^.,.•.�:.• ''l:�•a••:.�.
+ t� x #and`such.governing body may, in its discretion, submit:such plan.*to
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li t {' +ft? "`` the plaming'department„if;any,kof the city,-.village, oricounty,=as the ..x ,•• •,-
ic. rs ,' ,°''''•''. �t,r„ ;'" " ' case'maybe,for that;department.s'comments a_nd.recommendations.., •• • .
�(1 y"41 i .-.., \ .7 -`• . - ., 1'' r.`ir t''1 0..._ j1 iIyk`�t'j "'"""�..,y14
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540 So.'27Street•Omaha,NE 68105-1521 •�•"Phone (402)444 6900 `1`- < " ' " }
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The legal description of the_property is: Lot 6, Block 1, Lowes Subdivision, with a
common address of: 3127 Decatur Street. The size of the lot is 42 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 two (2) bedrooms and one and a half(1 1/2)
bathrooms. The house to be constructed will be approximately 993 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 3127 Decatur
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 3127 Decatur Street, is consistent with
federal, state and local laws, regulations, ordinances and rules.
Sincerely,
tner
Gen ounsel
cc: Bob Peters, Planner
OHA
Property Acquisition of
3127 Decatur
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Lot 6, Block 1, Lowes Subdivision
Lot Size: 42'X127'
Zoning: R-5(35)
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 13
Single family
Two-story
Two bedrooms
One and a half baths
993 s.f
ACC: Logan-Fontenelle South Replacement
City Council: 2
District
Census Tract: 52
Attached: Survey of property by Thompson, Dreessen&Dorner
Closest OHA: 3128 Charles Street (3 blocks)
Property
111 Or
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FRONT ELEVATION
OSHIAS INFILL UNIT 13
NOT TO SCALE
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• . s, LEGAL DESGR I FTI ON
THIS DRAWING SHOWS THE ELEVATIONS AND FENCE LOCATION OF LOT 6,
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- BLOCK I, LOWES SUBDIVISION, DOUGLAS COUNTY, NEBRASKA.
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JOB NO. IOIO-102-, t1
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BOOK: 016-II PAGE: 65
THOMPSON, DREESSEN AND DORNER, INC., 10856 OLD MILL ROAD. OMAHA, NEBRASKA 68154, 402-350-8860
is 254a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr June 10 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 3127 Decatur Street and legally described as Lot 6, Block 1, Lowes Subdivision, as
surveyed,platted and recorded in Douglas County,Nebraska; and,
WHEREAS, the Omaha Housing Authority proposes to construct a two-story two
bedroom single-family residence at the 3127 Decatur 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 two bedroom, one and
a half bathroom, single family residential structure comprised of approximately 993 square feet to be
located on the above described vacant lot located at 3127 Decatur 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 3127 Decatur
Street,legally described as Lot 6, Block 1,Lowes Subdivision, as surveyed, platted and recorded in
Douglas County,Nebraska, is hereby approved.
P:\PLN2\4004.MAF APPROVED AS TO FORM:
C S' �9 7
ASSISTANT CITY ATTORNEY DATE
By
ouncilmember
Adopted JUN 1997 -_
ity ClerkApprov (5)
A Mayor
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