and you adopt it as my own as your own testimony yes thank you thank you so mi2026
000 862 3456 rose hill street i vote no
cheryl gaston my vote is no tennetta grant my vote is no ryan mcadams my vote is no
thank you thank you
jennifer
is your computer working yeah i don't i don't need it she's just going to make a statement
it was this one here it's number two just let me know when you want me to write with you okay no
problem. Number two. Here it is here. So MI 2025, 005-375-2005 South 4th Street. Jennifer
Bizzillo is the attorney. Could you please state your name and spell for the stenographer?
Sure. Jennifer Bizzillo. Get that just a little bit closer, Jennifer, if you don't.
jennifer baziblo b-a-z-y-d-l-o do you swear a firm to tell the truth the whole truth and nothing
but the truth i do could you identify your client the relationship to the property sure my client
is uh jack investment group llc and they're the owners of the property right and um
you're ready to go on today um i'm actually going to be requesting a withdrawal of the application
okay all right yep thank you very much i apologize for being late i was in court
well done we we knew that that's why we thank you so much all right thank you
that's murder you ready
computer's not working still ian's got my documents ian's going to put it up yeah
oh here you are how about that all right so that's
down 20th street two right that's two right
it's very very i feel very uncomfortable right now it's very it's very strange
once existed without computers all right it's true maybe we'll go back to that
All right, so now she's got me laughing now.
Once she starts, it's supposed to be like, you know.
So MI 2026, 000, 983, 10 South 20th Street.
Meredith Ferliger is the attorney.
Could you please state your name and spell for the stenographer?
Meredith Ferliger, F-E-R-L-E-G-E-R.
Right.
Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth?
Yes, I do.
Could you identify your client and relationship to the property?
My client is Manam Philly, which is a guarantor to 1012 South 20th Street, Inc., which is a tenant of the property.
Right. And we also have Adam Laver here, who's representing people who are protesting the project, right?
Mr. Laver, could you please state and spell your name?
Good morning, Mr. Chairman and members of the board.
Adam Laver, L, A, V, as in Victor, E, R, of blank Rome, 1 Logan Square, on behalf of the William
Penthouse Incorporated, a cooperative apartment residence located at 1915-19 Chestnut Street,
about 50 feet across 20th Street from the subject profile. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? Yes, Mr. Chairman, I do. All right. So I understand that
we're talking that how we want to structure today, am I correct? So why don't you talk about and
we'll have Mr. Laver agree to it. Sure, Mr. Chairman, what we're proposing today is that
you'll hear the applicant's case and that you will then schedule a resumption hearing. We believe we
have made significant progress in working with the William Penn House. There is, we believe,
one last issue to be resolved uh so we're proposing a resumption hearing uh so that uh
should should those issues not be resolved that the william penthouse would then have an opportunity
Should those issues not be resolved, that the William Penn House would then have an opportunity to put their position on the record.
And, of course, if it's resolved, they'll be able to do that as well.
Our vice chair has a few questions for you.
Good morning.
Have you submitted your documents and exhibits 14 days in advance of this hearing?
Yes, I did.
And this is a special exception, so do you waive the reading of the referral and stipulate to its accuracy?
Yes, I do.
Thank you.
You can show your screen and proceed.
The screen is shared, so we're going to work through this.
The request before the board today is for a special exception that has been previously granted for the same property several years ago
and is now seeking renewal for the current restaurant tenant, Topside Tavern.
The restaurant in question in the past was Farmer's Keep.
THE REQUEST TODAY IS FOR THE GRANT OF A SPECIAL EXCEPTION TO UTILIZE THE ROOF DECK WHICH SITS ATOP
THE EXISTING RESTAURANT AND IS USED FOR ADDITIONAL OUTDOOR SEATING. AS YOU'LL SEE AT EXHIBIT 13,
CCRA TOOK A POSITION OF NON-OPPOSITION TO THE CASE AND AS I MENTIONED AND AS I'M SURE MY COLLEAGUE
WILL REPORT, WE HAVE BEEN WORKING WITH WILLIAM PENN HOUSE TO REACH AN AGREEMENT ON IMPORTANT TERMS
not just pertaining to the roof deck, but regarding the operations of the restaurant more
broadly. The board has my exhibits, which contain 14 documents, including my client's lease at
Exhibit 3 and tax clearance at Exhibit 2. As you know, the property before you today is located at
10-12 South 20th Street in Center City. If you can bring up the zoning map at Exhibit 5,
the property sits right at the corner of Ludlow Street and it's just one block south of Market
Street. So you've all probably walked right by this restaurant many, many times. As with most
of Center City, the property is zoned CMX 5. Aerials are shown at Exhibit 6. And just by way
of some, I think that's a good one to leave up, just by way of some relevant context, as you can
see here the William Penn House is the very large beige color building that sits directly
across the street from this restaurant. Now because of the general density of course
of Center City I think the photographs are a little bit more helpful in terms of giving
you some context. So if you can bring up exhibit 14. So this first photograph is from the corner
of South 20th Street and Ludlow Street, which shows the existing restaurant. And you can see
here the existing roof deck that sits on top of this one-story building. If you can go to the next
page. Now on Ludlow Street, the property is surrounded by a high-rise on the right-hand
orientation of this image, and then another commercial office building which adjoins
directly to the back. So that is the white color building that you see in this photograph.
Then if you want to go to the next photograph, thank you. From 20th Street, you'll see there
is another building that adjoins to the south, which is currently used based on its permits as
visitor accommodations. And then next photograph, across 20th Street is the only residentially used
property, which of course is the William Penn House, which has commercial on the ground floor
as well as some parking and then begins the residences above that. And then one more
photograph, I think. So on the opposing corner, again, is another large office building.
Next photograph. Go back up one. So this shows the interior of the existing restaurant. And I
do have a couple of photographs that show the existing restaurant as well as the posters that
were timely posted. So if you want to just go to the next one, again, this is just another
interior image of the restaurant. Next photograph. And again, showing the timely posting. Go
to the next photograph. Let me just see. Keep going. Keep going. Keep going. It's all the
posting. A few more. Is that it? Okay. All right. That's fine. Okay. If you want to
Can I flip to exhibit 7? Thank you.
As shown at exhibit 7 back in 2017, the board granted a special exception for a roof deck for this restaurant use.
As I mentioned, that was for a different restaurant than the one that currently operates in this location.
The board at that time granted relief under a two-year temporary approval.
The restaurant that was in that location at the time, Farmers Keep, did not succeed, and my client began operations here in 2024.
And my client began operations here in 2024.
If you want to flip to Exhibit 9, I do have several photographs showing the existing condition of the roof deck.
So you can see from the photographs that the roof deck itself is just comprised of some additional seating.
And it's a fairly small space. It's only about 1,200 square feet.
If you want to scroll to the next photograph.
Thank you. So you can see in this image here, there are a couple of existing canopies that
are shown that are proposed to be legalized with this application, but they did not generate
any need for relief. Next photograph. And again, you can see those two canopies in this
existing photograph. And then if you want to flip to exhibit eight, thank you. In addition
to the use itself, we did include site plans which are shown up on the screen. This application
is also proposing a pergola or canopy type of structure. I don't know that there's an
exact word for it. That is proposed to cover the entire roof deck that is going to make
the space a bit more comfortable for patrons and allow it to be used during broader weather
conditions. That structure itself is also by right and does not require any relief. The roof deck
itself meets all dimensional requirements of the code which include all of the necessary setbacks
that the zoning code would require. So the only issue before the board is the continued use of
THE SPACE ITSELF. NOW AS REQUIRED BY SECTION 3037E.1 THROUGH
.3 OF THE ZONING CODE, WE SUBMIT THAT THE PROPOSED ROOF DECK MEETS THE DEFINITION OF
A USE THAT IS PERMITTED BY SPECIAL EXCEPTION IN THE CMX 5 ZONING DISTRICT.
WE PROPOSED THAT THE SUBMITTED, THE PROPOSED ROOF DECK WILL NOT CAUSE SPECIFIC DETRIMENTAL
IMPACTS TO THE NEIGHBORHOOD BEYOND THAT WHICH MIGHT NORMALLY BE EXPECTED FROM THE PROPOSED
USE AS A ROOF DECK. THE PROPOSED ROOF DECK WILL NOT CAUSE
CONGESTION IN THE PUBLIC STREETS. AS YOU SAW, ASIDE FROM THE WILLIAM
PENN HOUSE, THE RESTAURANT IS SURROUNDED BY PREDOMINANTLY
NON-RESIDENTIAL USES. WE ALSO SUBMIT THAT THE PROPOSED
ROOF DECK WILL NOT CAUSE OVERCROWDING. THIS IS A FAIRLY
SMALL RESTAURANT WITH VERY LIMITED INSIDE SEATING, SO THE
PROPOSED CONTINUED USE OF THE ROOF DECK IS CRITICALLY
important to support the operations of a viable center city restaurant we also submit that the
use will not impair light and air to adjacent properties since this building happens to be the
lowest building of any of the surrounding buildings in the area we also submit that the use will not
burden any public facilities nor will it endanger the public health or safety the use itself is
consistent with the comprehensive plan as the area is zoned cmx5 and is located in a very dense center
city location where there are many similar roof deck uses for restaurants that are located around
the city the proposed uses in keeping with the impacts that are normally expected and is
specifically contemplated as an allowed use in the cmx5 district we do submit that the application
HAS MET THE REQUIREMENTS OF SECTION 3037E.1 THROUGH .3 OF THE CODE CONCERNING ENTITLEMENT
TO A SPECIAL EXCEPTION. WE WOULD ALSO JUST REQUEST, WE DO FIRMLY
BELIEVE THAT BY THE TIME WE COME BACK FOR A RESUMPTION HEARING THAT WE WILL BE ABLE
TO REACH AGREEMENT WITH WILLIAM PENN HOUSE ON IMPORTANT CONDITIONS, BUT IN THE UNLIKELY
EVENT THAT THAT IS NOT THE CASE, I WOULD RESERVE THE RIGHT TO PRESENT ADDITIONAL TESTIMONY
should it be necessary in response to any testimony that they would offer.
So, Adam, if you wouldn't mind stepping back so I can just have my client adopt my testimony.
Good morning, sir.
If you can, get really close to the mic.
Hi, could you please state and spell your name?
Dayanan Kuselan, D-H-A-Y-A-N-A-N-D-H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Counsel?
Thank you.
Danny, have you heard all of the testimony and evidence that I offered in front of the board today?
Do you agree that testimony is true and accurate, and would you adopt it as if you had provided it yourself?
And is there anything that you feel compelled to add at this time?
Thank you.
So, counsel?
Counsel?
So we should cut now, right?
Because you can't question until you know where the other people stand, right?
You can't question until you know where the other people stand, right?
He can still cross if he wants to.
If he wants to cross, he can.
No, no, no, no, no.
I'm saying up here.
We can't question because we don't know where.
Correct.
Right?
So what I'm saying is we should do a resumptive right now.
Well, if he wants to question, maybe the.
Do you want to question anybody?
I can be very limited with two or three points, if I may.
Sure. You want to just state two or three points now?
I think that would be most efficient.
You're not crossing anybody.
I don't think it will be necessary.
Okay. Sure.
We're trying in good faith here.
As I stated to the board, Blank Rome represents the William Penthouse Incorporated.
Stephen Goldstein, who is the president of the board of directors, is here with us.
and there are some members of the community who are present the william penthouse is a community
of over 500 apartments with well over 600 residents living there so a major stakeholder
we believe and this board of directors uh believes that in a mixed-use community
they want to see their neighbors succeed. And we are very hopeful that we're able to come to
an agreement. I have been asked to share with you that during the pendency of the subject application
and discussions, Topside Tavern has been operating its roof deck with live music and
disc jockey without L and I approval uh we are hopeful that uh through agreement that we can
get all of this rectified in the uh in the near future two two final points that I'd like to make
at this point in time and we hope both of us that we don't have to take up the board's time with an
additional hearing one uh the exhibit 13 the center city residents association letter of
non-opposition is a qualified letter of non-opposition which specifically references
being subject to agreement with the near neighbors which we're not quite at yet number two