(A) Deviation from the application of this article may be granted by the City Council upon the findings of the Planning Commission that deviation from the terms of this article 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 deviation, or its location or surroundings, a lateral enforcement of this article would result in practical difficulties or unnecessary hardships.
(B) Written application for deviation may be submitted to the Planning Commission, which shall render its decision on the application within 35 days following receipt of the application. Failure of the Planning Commission to render its decision within the period shall be deemed to be a denial of the application for deviation. The applicant may, within ten days after any denial by the Planning Commission, appeal to the City Council and the determination of the City Council upon the appeal shall be final.
(`61 Code, § 19.36) (Ord. 486, passed 1-21-1969)