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<br />148793 <br /> <br />--bas ic purposes and com prehens i ve <br />the problems facing the City. <br /> <br />aspects, and will lead to furthering and worsenIng of <br /> <br />1.02 Legislative Intent. It is the intention of the City Council of the City of <br />Elk River to protect its comprehensive plan and official controls in their <br />implementation by hereby adopting, pursuant to authority vested in the City Council by <br />Minnesota Statutes, Section 462.355, subd. 4, a reasonable interiln ordinance for a <br />reasonable time during consideration of the aforementioned comprehensive plan and <br />official controls for the conununity to protect the public Ilealth, safety, and wE,lfare <br />and prevent a race of diligence between property owners and the City of Elk River <br />during sudh consideration which would in many instances, result in tne continuation of <br />a pattern ,of land use and development which would be inconsistent with the prospective <br />plan and ordinance amendment and violate their basic intent and thereby fail to protect <br />the health, safety, and welfare of the community. The City Council determines that the <br />adoption of this ordinance is essential to the preservation of its proper planning and <br />oning and in the best interest of the community and its heal th, safety and general <br />welfare. The City Council has further provided for a variance procedure to avoia <br />imposition of any inequities and undue hardships in the application of this ordinance. <br /> <br />ARTICLE 2 <br /> <br />2.01 Affected Area; Supersedes. This ordinace shall apply to and govern that <br />portion of a territory in the City of Elk River outlined by heavy dark lines on the <br />attached map of the City during the period for which it is in effect; this portion is <br />.described as all of the City of Elk River lying outside the boundaries of the former <br />. City of Elk River and is referred to herein as the Affected Area. This ordinance <br />during its effective period shall replace and supersede provisions in all other <br />ordinances and regulations applicable to the Affected Area which are in conflict or <br />inconsistent with the provisions contained herein. <br /> <br />2.02 Scope of Controls. Except as hereinafter provided during the period <br />following the effective date of this ordinance until June 22-.' 1979: <br /> <br />a. No building or structure shall be constructed or erected, nor shall any <br />building pennit be issued by the City Councilor the building inspector of the <br />City of Elk River for the construction or erection of any building or structure on <br />any lots or property lying within the Affected Area which is not in a subdivision <br />appr~ved by the City Council and in which the lots are less than two and one-half <br />(2 1/2) acres in size except that that portion of the Affected Area lying westerly <br />of the boundaries of the former City of Elk River and southerly of the <br />right-of-way of the Burlington Northern Railroad may contain lots no less than one <br />(1) acre in size. Every lot must have the minimum required frontage on a public <br />road dedicated and accepted for maintenance by the City of Elk River or County of <br />Sherburne. <br /> <br />. <br /> <br />b. For the purpose of this ordinance and all other ordinances and regulations <br />applicable to the Affected Area including, but not limited to, the Sherburne <br />County Subdivision Regulations passed and approved June 2.t+, 1971, II subdivision" <br />Shall mean a described tract of land wnich is to be or has been divided into two <br />or more lots or parcels, any of which resultant parcels is less than five (5) <br />