Council approves overlay at 5804 Corby Street as developers, neighbor haggle over private sewer costs

The Omaha City Council on Tuesday approved an ordinance establishing a PUR overlay district at 5804 Corby Street, a step the applicant said is necessary for a small, infill project with aging-ready units. The council voted 7-0 to adopt the ordinance after public comment and an extended discussion of a private sewer lateral that runs under the lot.

Partners for Livable Omaha, the applicant, presented the project as a compact infill development of small, accessible homes produced in collaboration with the University of Nebraska College of Architecture. Jessica Sherman, executive director of Partners for Livable Omaha, told the council the group has a purchase agreement for the lot and that unit target prices are roughly $150,000 for a one-bedroom and $190,000 for a two-bedroom. She said the nonprofit is working with Holy Family Housing as builder and with student-led design-build teams to keep costs low and absorb as many site costs as possible.

The project encountered opposition and concern from Ian Hoshwinder, a nearby homeowner, who told the council the lot proposed for purchase contains a sewer configuration that currently serves his house and that no written easement exists. "I need to rest. I need to stop thinking about it," Hoshwinder said, describing stress over an agreement he said would leave him financially exposed. He said an initial plumber estimate he received before other parties became involved was "$60." Hoshwinder said he has been working on a proposed easement draft to secure greater protections for his property.

Sherman described ongoing negotiations among the current lot owner (identified in the record as Carly Reif), Hoshwinder and the prospective purchaser. "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," she said, adding Partners for Livable Omaha has proposed language intended to make the solution durable for the next century. Sherman and project representatives said they were trying to quantify costs this week and could provide a memorandum of understanding to the neighbor, but they do not yet own the lot and said their purchase is contingent on a resolution.

City staff from Planning and Public Works outlined limits to municipal authority over private sewers. Dave Hanzlow of the Planning Department said historic plats showed no recorded easement; Bob Stuve of Public Works said because the sewer is private and runs across private property, the city would not be a party to the repair or relocation. Matt Coosy of the Law Department said the city likewise has no control and the parties will need to resolve the matter privately.

Council members pressed both sides for clarity but emphasized the council vote did not itself resolve the private dispute. Councilmember Melton said approving the overlay now would not stop the private negotiation and urged approval so the project would not be delayed if the parties can reach agreement. Sherman said the purchase agreement requires the current owner and Hoshwinder to resolve the easement issue and that the applicant may be unable to complete the purchase if they cannot.

The vote was 7-0 to approve the ordinance; the project team said construction remains contingent on the parties resolving the easement and finalizing the lot purchase. Council action clears the land-use step but does not by itself authorize construction or obligate city funds toward the private sewer replacement.

Sherman said the project would include small, accessible units and that the nonprofit expects to continue working with the homeowner to identify what costs it can absorb and to prepare written assurances where possible. Hoshwinder said he is seeking clearer, written commitments about who will pay for future repairs and how work will be documented.

If the private parties cannot reach agreement, Sherman told the council the applicant may seek another site. The council encouraged continued communication between the parties and city staff.