A. Variance from the application of this chapter may be granted by the city council upon the findings of the planning commission that variance from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

B. Written application for variance may be submitted to the planning commission which shall render its decision on such application within thirty-five days following receipt of such application. Failure of the planning commission to render its decision within the thirty-five-day period shall be deemed to be a denial of the application for variance. The applicant may, within twenty days after any denial by the planning commission, appeal to the city council, and the determination of the city council upon such appeal shall be final. (Ord. 109 § 7, 1967)