In any case where, upon the application of any responsible and interested parties, it appears that by reason of exceptional circumstances, the strict enforcement of any provision of this chapter would cause unnecessary hardship, or that strict conformity would be unreasonable, impractical, or infeasible under the circumstances, the City Planning Commission may permit a variance therefrom upon the conditions as it may prescribe for management of shorelands consistent with the general purposes of this chapter and the intent of this and all other applicable state and local regulations and laws, provided that:
(A) The condition causing the hardship is unique to that property;
(B) The variance is proved necessary in order to secure for the applicant a right or rights that are enjoyed by other owners in the same area or district;
(C) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or property in the area;
(D) The granting of the variance will not be contrary to management policies of the area or district; and
(E) No variance shall be granted simply because there are no objections or because those who do not object out number those who do; nor for any other reason than a proven hardship.
(Prior Code, § 1001.01)