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t487~~3 -. acres 1n area, tor tne purpose of transfer of ownership or building development, or, if a new street or road is involved, any division of a parcel of land. The ter~ includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided. This ordinance shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether inunediate or future, including the resubdivision or replatting of land or lots, any portion of which is within the Affected Area. 2.03 Exceptions. Section 2.02 shall not apply to the issuance of any building pl'rmits in the following instances, provided that the application otherwise qualifies and is acceptable under the provision of the Elk River Zoning Ordinance and all other applicable laws, rules, regulations, and ordinances governing and applicable to the A t'fected Area. a. To perform work relating to the repaIr and/or maintenance of any lawf~l use of land existing on the date of adoption of this ordinance, or to make any existing building or structure conform or comply with ot~er applicable laws, rules, or regulations. b. To perform work necessary to preserve health, safety, life, or property In the face of an emergency. c. Work performed by any public agency or its contractor. . A:UICLE ~. 3.01 Variance. The Elk River City Council shall have the power to grant a vlriance from the provisions of this ordinance upon its determination, in its absolute dlscretion, that such variance or modification is consistent with the standards set fJrth in 3.02, the letter and intent of this ordinance, and the health, safety and general welfare of the people of the City of Elk River. Upon receiving any application fJr such variance or modification, the City Council shall refer such application to the PLanning Commission, for report of said Planning Commission with respect to the effect of the prospective variance or modification upon the efficacy of the interim d"~ve10pment control program. Such reports should be returned by the Planning C:>mmissipn to the City Council within sixty (60) days foUowing such reference and shall be i placed upon the next agenda of the City Council. 3.02 Variance Standards. p'~rrnit m~y be granted pursuant unless the following standards are met: Use variances authorizing the Issuance of a building to Section 3.01 provided that no variance shall issue as well as the general requirements contained in 3.01 a. A proposed structure (and any accessories) complies with the terms of the zon~ng ordinance in effect on June 22 , 1978. b. The subject parcel for which the building permit was requested was held 1.n separate ownership prior to June ~, 1978. .