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The commission of architectural review may issue a certificate of appropriateness, with or without conditions or modifications, for the location, construction, reconstruction, alteration, repair or demolition of a building or structure notwithstanding its consideration of a determination with respect to the factors set forth in Section 40-54. Such certificate may be issued if the commission finds that, because of conditions especially affecting the building or structure, but not affecting the historic value, importance or significance of other buildings or structures, land, places or areas in the historic district, refusal to issue the certificate will cause a clearly demonstrable hardship rather than a mere deprivation of a special privilege or convenience sought by the applicant, and its issuance will not result in substantial detriment to or derogation of the purposes and objectives declared in Section 40-51. Sec. 40-53.5. Notice to affected property owners. Whenever the commission of architectural review finds that the issuance of a certificate of appropriateness and the exercise of the rights and privileges granted thereby wilt or is likely to materially and adversely affect the property or value thereof of another, the commission shail, before the issuance of the certificate, give due notice of its intention to do so to the owner of such property and afford such owner an opportunity to be heard with respect thereto, and the certificate shall not be issued until such notice is given and opportunity afforded, and the time within which review of the application may take place shall be extended, if necessary, for such additional time as is necessary to give notice and allow such hearing. Sec. 40-53.6. Appears. (a) Appeals may be taken by the applicant or the director of planning from any action or decision of the commission of architectural review in granting or refusing to grant a certificate of appropriateness or permit pursuant to the provisions of this article to the city council for review, by setting forth in writing the alleged error of the action or decision of the commission, provided such petition is filed within thirty (30) days after the commission's final decision, and further provided that the basis for such appeal shall be Hmited to an alleged error by the commission in finding that the proposed erection, alteration, reconstruction or restoration of a structure would not be arehitecturaily compatible with the historic landmarks, buildings or structures within the historic district; (b) Filing of an appeal shall stay the commission decision pending outcome of the appeal except that such filing will not stay the commission's decision if such decision denies the right to raze or demolish a building or structure; (c) Appeals may be taken by the applicant from any such city council action or decision to the circuit court of the City of Portsmouth for review by filing a petition at law which sets forth the alleged error of the action or decision provided that such petition is filed within thirty (30) days after the final decision is rendered by the city council; (d) The filing of such petition stays the city council decision pending outcome 79 ~ /