HomeMy WebLinkAboutZONING BOARD OF APPEALS - 08/24/2023 - Docket # 23-4, 1041 Bonaventure1
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VILLAGE OF ELK GROVE
LEGAL NOTICE
ZBA DOCKET NUMBER #23-4
The hearing in the above -entitled cause
before Barbara Anthony, CSR, RPR, a Certified
Shorthand Reporter with the County of DuPage, and
State of Illinois, taken pursuant to the provisions
of the Zoning Ordinance of the Village of Elk Grove
Village, at 901 Wellington Avenue, Elk Grove
Village, on the 24th day of August, 2023, at the
hour of 7:00 p.m.
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PRESENT:
ZONING BOARD OF APPEALS
CHAIRMAN: Mr. Donald G. Childress
Mr. Scott Fowler
Mr. Jacob Glimco
Mr. Donato Latrofa
Mr. Richard M. Romanski
Mr. Ryan Bookler
Mr. Gary Spragg
Mr. Roberto Serrano, Jr,
Mr. Steve Rawleigh
On Behalf Petitioner
Mr. James Kimball
Ms. Christine Kimball
On Behalf of Elk Grove Village
Mr. Ken Hinkle
901 Wellington Avenue
Elk Grove Village
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MR. CHILDRESS: This is ZBA Docket 23-4. I'll
go ahead and read the docket and then ask you to
come up and step up to the podium whoever wants to
talk tonight, swear you in and ask you to raise
your right hand. And then we will ask you to
take any questions from Board members or any
audience members present. And then if there is
any questions from engineering also at that time
or concerns that we can direct towards Ken.
This is ZBA Docket 23-4. Public Notice
is hereby given in accordance with the provisions
of Chapter 8-2:D of the Zoning Ordinance of the
Village of Elk Grove Village, the Zoning Board of
Appeals of the Village of Elk Grove will conduct a
public hearing at the hour of 7:00 p.m.,
August 24th, at the Charles J. Zettek Municipal
Building, 901 Wellington Avenue, Elk Grove Village
Illinois to consider the Petition of Richard
Kimball, 1041 Bonaventure, LLC for a variation
from provisions of the Elk Grove Village Zoning
Ordinance No. 2410 as it pertains to permitted
locations for fences in Business Zoning Districts.
Section 7B-3-4 (A) states: No fence
shall be constructed in any front yard and or ahead
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of the building setback line. The Petitioner is
requesting to install a four -foot high open wrought
iron type fence around the perimeter of the parking
lot ahead of the building.
The property is located at 1041
Bonaventure Drive, Elk Grove Village, Illinois.
It is identified by the following property
identification number.
I'll skip that.
All persons interested are invited to
attend and will be given the opportunity to be
heard. This hearing will be assessable with
individuals with disabilities. Persons requiring
accommodations are requested to contact the Village
Clerk at (847) 357-4040 preferably no later than
five days before the hearing.
Whoever would like to speak, if you
could, step up to the podium. Make sure the little
button is in the raised position for the mic to
work.
MR. KIMBALL: I think it is on. Yeah.
CHAIRMAN CHILDRESS: Okay. Thank you.
Can you raise your right hand.
(Witness duly sworn.)
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MR. KIMBALL: Sure. Since we've purchased the
building last year, we weren't -- we didn't spend
any time in it last year.
CHAIRMAN CHILDRESS: Give us your name also.
MR. KIMBALL: I apologize. Rich Kimball.
CHAIRMAN CHILDRESS: Thank you.
MR. KIMBALL: I'm the owner of the building.
We purchased the building last year and we did
not move in to it until the end of January this
As such we didn't realize how much
foot traffic that we would be getting from the
hotel that is immediately to the east of us.
And apparently it must be easier, I guess, in
their sight to walk through our parking lot on
their way to wherever they are going towards
Nerge, but the challenges that we have is it
A, it is a high amount of traffic. B, we have
employees that come and go from that area, or
come and go to their cars and things and they
are not particularly comfortable with the high
amount of traffic that is crossing.
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The original thought was to run the
fence between Performance Auto, which is to my
west and our lot, but I think that will just push
them into basically the cars that are parked out
front. So they will be walking around the cars
where our employees are at.
So that ultimately -- couldn't think of
a better way to do it other than to deter people
going through the parking lot other than put a
fence in front. Not realizing that there was a
Zoning Ordinance against such. Thank you.
MR. CHILDRESS: Steve, do you have any
questions to the petitioner?
MR. RAWLEIGH: What hours do you operate?
Is that -- I saw there's a mortgage business right,
in there?
MR. KIMBALL: Correct.
MR. RAWLEIGH: Is that your business or one of
your tenants?
MR. KIMBALL: I don't own the business. I am
the branch manager there.
MR. RAWLEIGH: Okay. then there is an open
one. So are people working there like really early
in the morning to late at night?
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MR. KIMBALL: We'll have people arrive
probably between 7:30 and 8:00 o'clock. And
we will have people that will leave as late as
8:00 o'clock. We do have client meetings that
we will have there on the weekends as well. We
have clients meetings in the evening as well.
MR RAWLEIGH: Thank you.
MR. KIMBALL: So the general hours are 8:30
to 5:00. However, in our business when you have
to meet with the consumer, you do it when they are
available.
MR. RAWLEIGH: Thank you.
MR. CHILDRESS: Rob.
MR. SERRANO, JR.: First, thank you for your
time today.
I just have a quick question around --
you mentioned the employees being uncomfortable.
MR. KIMBALL: Uh-huh.
MR. SERRANO, JR.: Are there any sort of
specific situations outside of just people walking
through a parking lot?
MR. KIMBALL: We've had -- we've had
situations where people have left items in our
dumpster that are stolen. So I've had to call the
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police for that. I've had a stolen bicycle left
on or property, which when we called they say hey,
give it a day. And on my cameras, I watched that
bike be restolen. So we have had some experiences
there. We have had some people also congregating a
little bit around the dumpster.
So if I have an employee that walks over
towards the dumpster and they run into to somebody
they don't expect around the corner, because our
dumpsters are kind of away from the front door,
it is a little unsettling to them.
MR. SERRANO, JR.: That is all. Thank you.
CHAIRMAN CHILDRESS: Gary.
MR. SPRAGG: Hi, Rich.
MR. KIMBALL: How are you doing?
MR. SPRAGG: Good.
So, you know, I took a drive over there
and took a look at this like most of us typically
do, and understanding what you are trying to
accomplish.
In my opinion, you might be spending a
lot of money and not accomplishing what you want to
do.
The reason I say that is, I mean, if you
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look at Exhibit A where you have the yellow outline
of where the fence is going to go.
MR. KIMBALL: Yeah.
MR. SPRAGG: You know, and there is an opening
to your driveway there and immediately to the right
is a Motel 6. Right, where they are coming from?
MR. KIMBALL: Correct.
MR. SPRAGG: Correct.
All right. So, if I was on foot --
MR. KIMBALL: Uh-huh.
MR. SPRAGG: -- I would be looking to duck
into your driveway, not realizing there was a fence
at the opposite end. You know what I mean?
So I am thinking you are almost creating
a corral for these people rather than a diversion.
MR. KIMBALL: Sure.
MR. SPRAGG: You know, I am just concerned.
You are going to spend a lot of money on this one
way or another, so you want it to be effective.
MR. KIMBALL: Sure.
MR. SPRAGG: So as I look at that I would hate
to say, you know, if I were you.
MR. KIMBALL: Uh-huh.
MR. SPRAGG: But I would suggest a gate there,
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if you really want to prevent this, because I think
they are going to walk right in there.
MR. KIMBALL: So --
MR. SPRAGG: When they get to the end, what do
they do? Do they jump the fence? It is a 4-foot
fence, I guess they can jump it or just wall back
around, right?
MR. KIMBALL: Yes. I mean, there's a couple
of points to that.
The first one is you have a pretty
clear sight line when you are entering there to
see Performance Auto. So you'll clearly be able
to see the fence from those walking in at that
point. Trust me, I thought about that.
MR. SPRAGG: Yes.
MR. KIMBALL: That particular issue. We will
also likely have a sign somewhere near that fence
that says hey, no entrance, no trespassing,
something similar to that. We have something
similar to that on the building. I don't -- I
don't -- we have a lot of what I guess I call
repeat offenders.
So I think that once people realize
this isn't a pass through place to go, then they
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will just be on the sidewalk, which is where they
should be anyway.
MR. SPRAGG: Okay. Well, as long as you
thought through that and realized that's a
potential issue.
MR. KIMBALL: It is a consideration.
MR. SPRAGG: That was the only thing I really
saw about it.
MR. KIMBALL: No, I appreciate that.
MR. SPRAGG: I appreciate what you're trying
to do. That's all for me.
CHAIRMAN CHILDRESS: Ryan.
MR. BOOKLER: Have you contacted the
management to the hotel to express your concerns?
If they can put any signage up, if that would help?
MR. KIMBALL: You know, I didn't. I didn't
think about contacting them, and, you know, as I
understand it people come and go. I just don't
know how they would advise people with regards to
that. I don't know if would help or hinder, to be
honest with you, but I hadn't contacted the hotel.
MR. BOOKLER: Okay. And then you mentioned
Performance Maintenance right next to you.
MR. KIMBALL: Performance Auto.
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MR. BOOKLER: They are Performance Auto.
MR. KIMBALL: Yeah.
MR. BOOKLER: Okay. Have you spoken to them,
have they expressed any kind of concern? Have --
MR. KIMBALL: Craig.
MR. BOOKLER: -- they called the police or?
MR. KIMBALL: Craig has told me it is a
constrant stream of people going through his car
lot. He has been dealing with that.
MR. BOOKLER: Okay.
MR. KIMBALL: So they have -- yes, he said it
is a constant stream of people going through their
side lot there or the front lot.
MR. BOOKLER: Yeah. I would say definitely to
the west that would be good for a fence.
I'm just going back and forth on
whether, you know, it really needs to be in the
front. Because I know you thought if you'll have
it on the west you said that perhaps people would
still go through the cars and then dart over,
but.
MR. KIMBALL: Yeah, I mean I think the clear
path looks like, at least in my image that I got
that we sent, near that blue dot, that people are
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just going to cut right through that section right
there. And that doesn't create for my staff having
to leave at -- you know, now it's daylight at
5:00 o'clock. It won't be obviously in the
wintertime. And for them having to go to their car
at night, I would rather at least have them feel a
little more safe.
MR. BOOKLER: Okay. Thank you.
MR. KIMBALL: Sure.
CHAIRMAN CHILDRESS: Rich.
MR. ROMANSKI: So the concern I have is
putting that fence up, in my opinion, all you are
going to be doing is piss off the neighbors that
are behind you because they are going to go that
way and go behind the building. I don't think they
are still going to go to the sidewalk if you put
the fence up. I think they will literally go this
way and now the whole building behind you is going
to get upset that you put a fence up and now you
deterrred the traffic that way.
MR. LATROFA: There is nothing behind there.
MR. KIMBALL: first of all that --
MR. BOOKLER: There is nothing there. Nothing
for them to do. They are going to eat Tacos,
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Roccos, things like that.
MR. KIMBALL: Yeah, Rich, there is about a
four -foot berm right there.
So that gray line that you see there,
there is is a four -foot berm and my neighbors are
almost eight feet above, if you look at the back of
that.
MR. BOOKLER: Liquor store.
MR. RAWLEIGH: Yeah.
MR. KIMBALL: So there's nobody really there.
It's the back parking lot to a four -unit building.
Essentially where there's -- basically it is a
handful of contracting trucks that are there.
MR. ROMANSKI: That is the only thought I have
right now.
MR. KIMBALL: Yeah, I mean, actually that
doesn't put them in their parking lot because of
that four -foot berm. They would end up staying
behind the building.
MR. ROMANSKI: Yeah, but they walk, based on
that picture, they could just walk on the grass and
get around the berm. No questions asked.
MR. KIMBALL: They wouldn't be in front of my
employees and that would be -- I would take
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that over and above what I am dealing with
right now.
MR. ROMANSKI: Right, but then you could also
be pissing off the neighbors that are behind you
because of what you do now they have to deal
with traffic.
So the question becomes, I have learned
a lot over the time, especially being in an
association and being vice president for 11 years.
You've got to be able to work with your neighbors.
MR. KIMBALL: That's fair.
MR. ROMANSKI: My concern is, you know, they
are not here to speak on it. I don't know if they
are aware you are looking to do this, but I would
love to hear from the people behind you, because if
you put this up, I think the traffic will go that
way.
MR. KIMBALL: Well, Rich, the way one issue --
the people that are walking behind my building,
will still be on my property.
Their property begins at the top of
that four -foot berm. Nobody is going to go up to
that four -foot berm because the only thing up there
was the car wash, aside from that building.
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If they are going to go in the back,
they are heading to the tacos place or heading to
the Chinese place or the liquor store.
MR. BOOKLER: And, Ken, the signs were posted,
correct, so you can see everything is up?
MR. SPRAGG: That is huge.
MR. HINKLE: Yes.
MR. RAWLEIGH: I never seen the sign up there.
MR. KIMBALL: That's what we were told to put
up.
MR RAWLEIGH: But I am new.
CHAIRMAN CHILDRESS: Donato.
Do you have anything else, Rich?
MR. ROMANSKI: No.
MR. LATROFA: Yeah, kind of what he was saying
before, the only concern I really have is I am not
sure how effective the fence on the far west side
is from preventing people on the east side, but I
do appreciate that the fence combined with like a
sign, saying, you know, no trespassers, no exit,
something like that.
And then to Rich's point, if you have a
similar fence that basically blocks on the berm so
just to the south of your entry.
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MR. KIMBALL: Uh-huh.
MR. LATROFA: You may not even need a gate at
that point. Somebody walking up to see, okay,
there is a fence here. There is a matching fence
on the other side. I'm talking about this area to
the south here. A similar fence of what you have a
wrought iron one.
MR. KIMBALL: Okay.
MR. LATROFA: It looks like you have a bush or
something like that on the Google map. However
valid that is. That may be enough.
MR. KIMBALL: Okay. Oh, you mean, just like
almost like a decorative fence, just --
MR. LATROFA: A similar fence just to the
south here.
MS. KIMBALL: Okay.
MR. LATROFA: That kind of matches. It almost
look like you have a gate.
MR. KIMBALL: Got it.
MR. LATROFA: That would also prevent what
Rich is talking about from people walking behind
your building.
Now, if they want to go up to the berm,
they would have done that already.
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At this point, looking at the map they
are just walking towards like abandoned buildings
and stuff.
MR. KIMBALL: Yes, there is --
MR. LATROFA: If someone want to do that, they
will do that regardless.
MR. KIMBALL: Right.
MR. LATROFA: More likely they are walking to
get some food, liquor store, or something like
that.
Going on the sidewalk is still the most
direct route.
MR. KIMBALL: Ideally.
MR. LATROFA: Of course. I mean, I don't have
any other questions or comments. I think just a a
little fence that runs north and south, four, five,
six matching that.
MR. KIMBALL: Okay.
MR. LATROFA: Probably enough. But my vote
doesn't hinge on that. I think the way it looks is
fine. Now is fine. That is more of kind of
address his question and funnel people towards the
sidewalk, which is kind of your intent, at least my
understanding.
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MR. KIMBALL: Correct.
CHAIRMAN CHILDRESS: Jacob.
MR. GLIMCO: First of all, thank you for
putting this together.
MR. KIMBALL: I've got to thank her.
MS. CHRISTINE KIMBALL: You're welcome.
MR. KIMBALL: Christine.
MR. GLIMCO: Most of my questions, only one
concern. You're only using one of the units
currently in the building, correct?
MR. KIMBALL: The other -- the building is
5700 square feet. I'm in about 3,000. And we are
currently trying to rent those. I have a
perspective tenant looking at 1200 -- I'm sorry,
1450 square feet, and that is a childrens dance
studio. Which is probably another concern for
me as far as parents coming in and dropping off
their kids and then I got traffic going through
the front.
MR. GLIMCO: Well, to that end, if you have
a childrens dance studio, I am assuming sometimes
the lot might be full, and people will have to
street park or something like that?
MR. KIMBALL: No, I've got 25 spots over
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there.
MR. GLIMCO: Okay.
MR. KIMBALL: Yes, I've got 25 spots. 1450
square feet. It is not that big as far as how many
kids you can get in there.
MR. GLIMCO: Okay. I was wondering if there
is any concern, you know, for future uses of those
other units for accessibility or, you know,
visibility for the street for parking purposes or
anything like that?
MR. KIMBALL: Yes, I had -- that perspective
tenant was aware that we were -- they saw the
variance sign. And they asked that it wasn't
going to be like a cedar sign or something like
that. You still will be able to see the building
based on the pictures that we provided you guys.
MR. GLIMCO: Great. Thank you.
MR. KIMBALL: Sure
CHAIRMAN CHILDRESS: Scott, do you have any?
MR. FOWLER: I have a quick question. Again,
thank you.
Exhibit A, you have a yellow line,
right. It goes up to the one side of your driveway.
If you look at Exhibit C it looks like
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there is a fence coming from the building, which
would be the east.
MR. KIMBALL: Yeah, that was -- I was working
with a website and it took me almost like six weeks
just to get this done and when they got this to me,
I was like I am not even going back to them.
MR. FOWLER: The fence is going to be where
the yellow line is?
MR. KIMBALL: Correct. Yeah.
MR. FOWLER: I had the concern about people
going behind your building.
MR. KIMBALL: Absolutely.
MR. FOWLER: That is one of the concerns I
had. It was addressed.
Other than that, I just want to clarify
if you were putting a fence on the other side of
the driveway or not.
MR. KIMBALL: Yeah, I didn't have any
intention to do that.
MR. FOWLER: I am good.
CHARMAN CHILDRESS: I just had a -- I don't
know.
Ken, have we had similar areas where
they put like a wrought iron fence in the front? I
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think we had one case in the last couple of years
or something in an industrial park.
MR. HINKLE: There have been a couple of them.
CHAIRAN CHILDRESS: Low height open fences.
Again like what you're trying -- proposing to do.
Very strict crossing traffic across the corner of
the property and trying to guide them to the public
walks. I know sometimes the property owners --
I have been on this Board like since 2001 or
something like that. And we have had a lot of
versions of things come through over those years,
but sometimes like adjacent property owners getting
together. Sometimes where you have a good fence
idea, if you coordinate with the neighbor, they
also, Performance Auto or something, they may want
a fence peripherally around their lot, if they
don't have one currently. Just as a coordinating
idea, but I understand it is hard to direct
pedestrian traffic that are active at all different
hours of the day that are also not necessarily
concurrent with your -- with the tenants in your
building and those usage hours.
So I understand how that can have people
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walking through the area and people feeling
insecure at different times of the day or if they
are loitering in a particular part of the property
or leaving debris or picking things up and walking
off with it intended or unintended.
But I understand what you are trying to
do and there is no utilities impacted in an open
type fence design versus something like a closed
cedar fence or something like that.
It keeps it all open, accessible and
transparent to both seeing what is in the building
and in the parking lot, and everybody also driving
by the street can also see for safety sake. And if
there is something going on and report it on it
too, which heightens security too.
Is there any other questions from Board
members?
(No response.)
CHAIRMAN CHILDRESS: Are there any questions
any phone calls or any remarks.
CHAIRMAN CHILDRESS: Are there any persons in
the audience that would like to comment on this
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initially pro and con or in support?
MS. CHRISTINE KIMBALL: We are co -owners of
the building. So I am in support of it.
CHAIRMAN CHILDRESS: Can I get your name,
please.
MS. CHRISTINE KIMBALL: My name is Christine
Kimball, C-h-r-i-s-t-i-n-e.
CHAIRMAN CHILDRESS: Is your last name the
same?
MS. CHRISTINE KIMBALL: It is.
CHAIRMAN CHILDRESS: Okay. I am just
checking. Thank you.
Is the next thing that we need a motion I
guess on the existing motion as is, unless there is
any other questions?
MR. ROMANSKI: We need a motion.
MR. LATROFA: Motion do grant.
MR. GLIMCO: Second.
CHAIRMAN CHILDRESS: Okay. Can we have a
voice vote.
MR. RAWLEIGH: Do grant. Granted.
MR. SERRANO JR.: Do grant.
MR. SPRAGG: Do grant.
MR. BOOKLER: yes.
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CHAIRMAN CHILDRESS: Yes.
MR. ROMANSKI: No.
MR. LATROFA: Yes.
MR. GLIMCO: Yes.
MR. FLOWERS: Yes.
MR. GLIMCO: The ayes have it.
CHAIRMAN CHILDRESS: What we do is we write up
a finding of fact. The Village staff will put
together the meeting minutes. They go to advise
the Village Board Members who will have final
authorization and authority that if they again
vote in favor of your proposed variation request,
then at that point that will give you permission
to contact the Village Engineering Committee
Development to obtain a permit at that time, but if
you could please.
When is the next Village Board meeting?
MR. HINKLE: September 12th.
CHAIRMAN CHILDRESS: September 12th.
MR. LATROFA: Oh, boy.
CHAIRMAN CHILDRESS: We are already in
September.
MR. LATROFA: That's right.
CHAIRMAN CHILDRESS: So if you can, please
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call just a few days before the meeting to ensure
you're on the docket for that night. The Village
Clerk or the representative should be calling you
also, if you don't call them first to confirm that
you're on the docket.
And if you could, please plan to attend
and be available for any questions from the
Village's Board Members.
MR. KIMBALL: Got it.
CHAIRMAN CHILDRESS: And thank you for
coming out tonight and having a business in our
town.
MR. KIMBALL: Thank you. Thank you all for
your time. I really appreciate it. I really
appreciate it. Thank you very much.
MR. ROMANSKI: Make a motion to adjourn.
MR. GLIMCO: Second.
MR. BOOKLER: Who made the motion to adjourn?
MR. ROMANSKI: I did.
CHAIRMAN CHILDRESS: Close. All in favor?
(Chorus of ayes.)
MEETING CONDLUDED
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STATE OF ILLINOIS)
COUNTY OF DU PAGE)
I. BARBARA ANTHONY, Certified Shorthand
Reporter, within and for the County of DuPage and
State of Illinois, do hereby certify that I
stenographically recorded the proceedings in the
aforementioned matter; that the foregoing was
reduced to typewriting via computer aided
transcription under my personal direction and
supervision; and that the foregoing is a true and
accurate transcript of the proceedings had.
IN TESTIMONY WHEREOF, I have hereunto set
my hand this 12th day of September, A.D., 2023.
Barbara Anthony, CSR, RPR
CSR No. 084-003185
Expires May 31, 2025
ACR REPORTING, LLP (312) 422-0515