The Penze family in Crystal Lake has another 60 days to find a larger residence.
But if the family fails to meet that deadline, Mayor Robert J. Wagner indicated it is unlikely it will face punitive action.
The City Council has granted a 60-day deferment to the family, which has outgrown its condominium on Virginia Road.
Michael and Kymberlee Penze and their two small children live in a one-bedroom condominium, putting them in violation of the city’s housing code.
The Penzes’ living arrangement was brought to the attention of the city 14 months ago, a city official said, when a neighbor complained about the noise coming from the second-story unit. The city has been giving the Penze family time to sell the condominium.
Michael Penze was expected to appeal to the City Council at a recent meeting. Instead, he sent a letter to the council, saying he could not be present because he and his wife work different shifts and could not find a baby-sitter.
In the letter, Penze said his contract with his real estate agent expired April 30. But interest has been shown in his property by a prospective buyer, and he has signed with a new real estate agent. He requested another 60 days to close the deal.
According to a city official, the family’s residence is suitable for three people.
Kenneth Smith, the city’s building director, said that under Crystal Lake’s ordinance, 50 square feet of bedroom space is required for each person in a residence. The Penze family needs at least 200 square feet of bedroom space.
“The purpose of the housing code is to provide standards so our residents have adequate living space,” said John Cowlin, city attorney. “I think this is a situation where it was fine when the Penze family first moved in, but then the family grew. The city received complaints. Our staff sent out a notice that they were in violation of housing code.”
Cowlin said the Penzes, recognizing they need a bigger place, put their condo up for sale.
“They are making an effort,” Cowlin said.
After 60 days, if the condominium remains unsold, Cowlin said, the City Council may hold a hearing to weigh additional mitigating evidence. The council also will consider complaints from neighbors.
The family could face financial penalties of up to $1,000 a day for being in violation of the code, Cowlin said.
“The council must make a decision on how it wants to proceed,” he said.
But Mayor Wagner said he would seek no punitive action if the Penze family does not sell its condominium.
“(The Penze family) has a right to ask for a variation,” Wagner said. “And if he did come in and ask for one, I’d vote to give them one. I wouldn’t want to see them kicked out.
“What else could we do? My dad grew up in a family with 12 kids. I can relate. They can ask us to consider the circumstances.
“But we don’t need to get to that issue. Mr. Penze said he is trying to sell his condo and that it should sell soon. He’s found another place to live and has found a prospective buyer.”
Wagner said that when he was elected three years ago, the city received a complaint regarding a man and a woman living together. Each had children by former marriages. The man had two kids, and the woman had three. Five unrelated people living under the same roof was a violation of the code, as it was written then. The residents were cited.
“I remember listening to (the radio),” Wagner said. “There was a big joke about how Crystal Lake was trying to kick this guy’s fiance out of town. We’ve changed the laws since then.
“It’s better than it was. It’s easier to enforce and fairer. And people can now come in and ask for a variation, especially if there is a hardship–the hardship being a large family.”
