RES 1997-0919 - Plan for construction of house at 2948 N 54th St r
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City of Omaha F.
Hal Daub,Mayor April 8► 1997
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 four bedroom, single-family residence to be located at
2948 North 54th 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 2948 North
54th 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:
l'i,‘/k' 71/- 1 J f•97 �/ '/t7
Asi Planning Director Date Mayor's Office/Title i Date
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T30R.ITY
February 5, 1997
Ken Johnson, Economic Development Manager
City of Omaha Planning Department
City/County Civic Center
1819 Farnam Street, l 1 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 2948 North 54th Street. Therefore, 1 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:
(l) 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 t
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The legal description of the property is: Lot 15, Block 1, Mystic Park, with a common
" address of: 2948 North 54th Street. The size of the lot is 50 feet x 135 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 be a four (4) bedroom, two (2) bathroom, single-
family use. The house to be constructed will be approximately 1,240 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 2948 North
54th 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 2948 North 54th Street, is consistent with
federal, state and local laws, regulations, ordinances and rules.
Sincerely,
36-teg t3/tAAfa)
Eric L. Whitner
General Counsel
cc: Bob Peters, Planner
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legal\tchltrskityop3.dac(3)
OHA
Property Acquisition of
2948 North 54th Street
The following property description is in accordance with Nebraska State Statute,
Section 71-1531, Construction of New Housing Project, requirements:
Legal Address: Lot 15, Block 1, Mystic Park
Lot Size: 50' X 135'
Zoning: R-4
Liens: There are no federal or state liens or encumbrances
on this property.
Building Type: Unit Type 4
Single Family
Two-story
Four bedrooms
Two baths
1,240 s.f.
ACC: Logan-Fontenelle South Replacement
City Council: 1
District
Attached: Survey of property by Thompson, Dreessen&Dorner
Closest OHA: 3526 North 56th Street (6 blocks)
Property
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LESAL DESCRIPTION ‘,294 /1154 -4
• LOT 15, BLOCK I, MYSTIC, PARK. AN ADDITION TO THE CITY OF OMAHA, DOUGLAS
DOUGLAS COUNTY, NEBRASKA, TOGETHER WITH 1/2 OF VACATED ALLEY ADJOINING
ON THE WEST.
CERTIFICATION
THE SPOT ELEVATIONS, FENCE LOCATIONS AND THE TREE LOCATIONS SHOWN HEREON
ARE AS I FOUND THEM TO BE ON DECEMBER 2, 11a6.
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THOMPSON, DREESSEN AND DORNER, INC., 10836 OLD MILL ROAD. OMAHA, NEBRASKA 68154, 402-330-8860
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' .25A CITY OF OMAHA
LEGISLATIVE CHAMBER •
Omaha,Nebr AP.r.J. $ 19..92
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha Housing Authority has received ownership of a vacant lot
located at 2948 North 54th Street and legally described as Lot 15, Block 1,Mystic Park Addition,
as surveyed,platted and recorded in Douglas County,Nebraska; and,
WHEREAS, the Omaha Housing Authority proposes to construct a two-story four
bedroom single-family residence at the 2948 North 54th 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 four bedroom, two
bathroom, single family residential structure comprised of approximately 1240 square feet to be
located on the above described vacant lot located at 2948 North 54th 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 2948 North 54th
Street,legally described as Lot 15,Block 1,Mystic Park Addition, as surveyed, platted and recorded
in Douglas County,Nebraska, is hereby approved.
P:\PLN2\5793.SKZ APPROVED AS TO FORM:
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ASSISTANT CITY ATTORNEY
By.Ree:
Councilmember,- �o
Adopted..: APR - 8 1997 �
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Approved 7` _ 1 sig
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