The Omaha City Council approved an ordinance to create a Planned Unit Residential (PUR) overlay district for a small infill housing project at 5804 Corby Street, advancing a design-build project led by Partners for Livable Omaha and its project partners. The vote was 7-0, but the meeting record shows substantial concern from an adjacent homeowner about a private sewer lateral running beneath the proposed lot and uncertainty about who will bear replacement costs.

Jessica Sherman, executive director of Partners for Livable Omaha, described the project as a design-build, “aging-ready” housing initiative developed in collaboration with the College of Architecture and project partners. Sherman said the proposed development would include two unit types with list prices she described to the council: about $150,000 for a one-bedroom unit (roughly 600 square feet) and about $190,000 for a two-bedroom unit (roughly 775 square feet). Sherman said 17 graduate architecture students had worked on the design for about 30 weeks and that the project’s builder is Holy Family Housing.

The key dispute raised at the hearing came from Ian Hoshwinder, a homeowner immediately adjacent to the lot, who said his house’s sewer lateral runs under the project parcel and that the shared arrangement was never reduced to a written easement. Hoshwinder asked the council to ensure he receive written assurances that the costs of replacing or relocating the sewer line would not leave him vulnerable. He said he had consulted a plumber and obtained an early estimate of about $60 to “put the pipes in” (his statement to council), and that the draft easement language circulated among the current lot owner and other parties left him insufficient protections.

City staff and legal counsel described the situation as a private civil matter. Dave Hanzlach of the Planning Department said the department only became aware of the lateral issue that morning and that plats dating to the 1880s contained no specific recorded sewer easement. Bob Stuve of Public Works told the council the sewer in question is a private line that serves the property and that Public Works does not typically become a party to private lateral disputes. Matt Coosy of the Law Department said the city had no role in settling private-party easement disputes and that the parties themselves would need to reach agreement.

Sherman told the council Partners for Livable Omaha and its builder were actively negotiating, offering to absorb some costs where feasible and working to provide written assurances where possible. "It's our intention to do everything we can to absorb shared costs and to add value to his position as part of this development," Sherman said. She described ongoing efforts to produce a memorandum of understanding or written commitments while noting that Partners for Livable Omaha does not yet own the lot and that their purchase agreement requires the current owner and the adjacent homeowner to reach a resolution.

Council members pressed for clarity but also noted that approving the overlay and site plan does not force either private party to agree on easement terms. Council Member Melton said passing the ordinance would not resolve the private dispute but would ensure the land-use approvals would be in place if the parties do reach agreement. Sherman confirmed the project’s schedule is time-sensitive because of university-semester coordination and upcoming funding decisions.

The council's action approved the PUR overlay and related site plan by roll call; council members recorded unanimous support (7-0). Several council members instructed staff and proponents to continue direct communication with the adjacent homeowner and to return with written cost estimates and any proposed commitments as soon as possible.

Next steps
The ordinance approval advances the project’s land-use stage, but Sherman and the developer said that closing on the lot and beginning work remains contingent on the lot owner and the adjacent homeowner reaching an agreement on the sewer lateral or on the nonprofit absorbing costs as negotiated. City staff reiterated that the replacement or relocation of the private sewer is a civil matter between property owners; the city will not, per staff counsel, impose a solution or directly fund the private lateral replacement.