RES 1997-0917 - Plan for construction of house at 5305 N 46th St Planning Department
Cr `-�7 Omaha/Douglas Civic Center
j`rCO_t1 97 ; r:E 2 8 . S. " 5 1819 Farnam Street,Suite 1100
�®.t r&41 Omaha,Nebraska 68183 0110
°p�` r '�',MF (402)444-5200
°4. FEBR�,i.- ACITY CLERK
(402)444-5150
April ,8,. 1,997. Telefax(402)444-6140
City 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 an accessible ranch style three bedroom, single-family residence
to be located at 5305 North 46th 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 5305 North
46th 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,and the OHA
Housing Replacement Plan that has been approved by the City Council. 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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AMP lanning Director Date Mayor's Office/Title. Date
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February 5, 1997
Ken Johnson, Economic Development Manager
City of Omaha Planning Department
City/County Civic Center
1819 Farnam Street, 11 th 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 or demolished.
The proposed effort by OHA serves to satisfy its one-for-one replacement as required
under the Hawkins v. Cisneros Settlement Agreement and the OHA Housing Replacement Plan
that has been approved by the city. OHA plans to construct a house on a lot owned by OHA,
with the common address of 5305 North 46th Street. Therefore, I am rendering the following
legal opinion to the City of Omaha pursuant to Neb. Rev. Stat. § 71-153 1.
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 thelcasc 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•fhorae•(402)444-6900
The legal .description of the property is: Lot 1, Block 1, Schenks Terrace, with a
common address of: 5305 North 46th Street. The size of the lot is 60 feet x 128 feet. The
zoning is R-4 (35), high density, single family residential. There are no federal or state liens or
encumbrances on the property. The house to be constructed will be a three (3) bedroom, two (2)
bathroom, single-family use. The house to be constructed will be approximately 1,162 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 5305
North 46th 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 5305 North 46th Street, is consistent with
federal, state and local laws, regulations, ordinances and rules.
Sincerely,
i;c1,a/S.0)
Eric L. Whitner
General Counsel
cc: Bob Peters, Planner
•
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OHA
Property Acquisition of
5305 North 46th Street
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Lot 1, Block 1, Schenks Terrace
Lot Size: 60' X 128'
Zoning: R-4(35)
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 5
Single family
Accessible ranch
Three bedrooms
Two baths
1,162 s.f.
ACC: Logan-Fontenelle South Replacement
City Council: 2
District
Attached: Survey of property by Thompson, Dreessen&Dorner
Closest OHA: 5312 North 44th Avenue (2 blocks)
Property
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JOB NO. 1010-102-15 •••„: I. ,_
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BOOK: 16-23 PAGE: 43 ''''''•
THOMPSON,DREESSEN AND DORNER, INC., 10836 OLD MILL ROAD. OMAHA, NEBRASKA 65154,402-330-8560
C-25A CITY OF OMAHA
•
LEGISLATIVE CHAMBER • •
Omaha,Nebr April 8 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 5305 North 46th Street and legally described as Lot 1, Block 1, Schenks Terrace, as
surveyed,platted and recorded in Douglas County,Nebraska; and,
WHEREAS,the Omaha Housing Authority proposes to construct an accessible ranch
style three bedroom single-family residence at the 5305 North 46th 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 an accessible ranch style three
bedroom,two bathroom,single family residential structure comprised of approximately 1,162 square
feet to be located on the above described vacant lot located at 5305 North 46th 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)accessible ranch style single-family residential structure to be located at 5305
North 46th Street, legally described as Lot 1, Block 1, Schenks Terrace, as surveyed,platted and
recorded in Douglas County,Nebraska, is hereby approved.
P\PLN2\57s5.Sla APPROVED AS TO FORM:
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ASSISTANT CITY ATTORNEY
By.
Councilmember
AdopteclAPR 8 1997 3
ity Cler
Approved
ayor
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