Neighborhood dispute has HOA calling foul on youth ball field in East Sarasota

The president of a Sarasota homeowners' association is calling foul on a church's youth baseball field where he says lights were installed without proper permits and county officials refuse to enforce regulations.

After investigating the alleged violations, County officials dispute that they ignored zoning and building codes.

However, professionals hired by the homeowners' association cite what they say are flaws in the county officials' reading of the zoning and building codes, claiming that the standards homeowners rely on for the enjoyment of their properties were sidestepped in this situation, leaving the property owners without additional recourse besides the specter of a lawsuit, which they are hesitant to file.

County officials "mischaracterized part of the code and completely ignored other parts that apply to this situation," said Dan Lobeck, the lawyer for the Country Creek residents.

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Gus Georgiou, president of Country Creek's homeowners' association, said the dispute began about four years ago when Central Church of Christ allowed a youth travel team to erect four light poles on the back half of the property at 6221 Proctor Road that sent "glaring light" onto the neighboring properties.

Before the lights were installed, Georgiou said the field was rarely used by the church, but now the sounds of aluminum bats smacking baseballs can be heard from houses in the 71-home development five days a week for several hours.

"When they get 15 kids out there it's nonstop pinging," Georgiou said.

The church, which includes County Commissioner Ron Cutsinger as an elder, has maintained it did nothing wrong by allowing the field to be used by a youth baseball team and that it did everything the county required regarding the field's improvements.

The homeowners' association president also said Cutsinger's involvement in what boils down to a county code enforcement issue was improper given his role as a member of the County Commission.

“These allegations are simply unfounded," Cutsinger said. "The church ball field has been around for 40 years, long before the adjacent property was a dollar sign in some developer’s eye."

The county has ruled the lights — attached to wooden poles dozens of feet above the ground — don't require permits, comparing them to appliances like space heaters used by restaurants to heat outdoor patios.

County officials note in an email that as long as the lights are off by 10 p.m. on weekdays and 11 p.m. on Friday and Saturday, there's nothing the county will do about the situation.

"We feel like we have gotten the stiff arm from the county," Georgiou said.

Ron Cutsinger gets involved

Central Church of Christ obtained a special exception to operate a church at the property in the 1980s. The zoning allowed a ball field, according to the county's interpretation of the codes, and at the time, the area's Little League teams used the field before moving to Twin Lakes Park.

Georgiou said while he loves baseball and thinks kids should have somewhere to play, he worries about future expansion of athletic facilities, pointing to the lease between the team and the church.

"It would be different if this was a field just being used by the church's members," he said.

He also believes that Cutsinger should not have gotten involved at all given his position at the county.

Cutsinger emailed County Zoning Administrator Donna Thompson in September 2021 after a sternly worded email from the Country Creek's lawyer appeared to question the ballfield as an allowable use on the property.

"I'll check on the lights which do appear to be spilling light inappropriately and make sure they correct if so." Cutsinger wrote. "But can we put the use question to bed? I've followed up with you and staff several times on this and we have done everything we can to be good neighbors."

Thompson then emailed two county attorneys and two members of the county staff with the special exception that was granted to Central Church of Christ in the 1980s noting she received it from Cutsinger "as an elder in the church."

Cutsinger used his personal email address and not his county account.

"I told Comm. Cutsinger that we were looking into this matter again and I would get back to him (as the Elder)."

Lobeck pointed to that email as a potential violation of the County Charter that limits county commissioners' ability to direct county staff.

"Board instructions or directives to any employee of County government under jurisdiction and control of the board shall be issued only through the County Administrator," the charter says.

Church officials and Cutsinger have maintained they were seeking direction on the matter, not dictating the outcome.

"I’m proud that our church family has been a part of teaching the value of teamwork, sportsmanship, honesty and personal responsibility through athletics, and won’t be bullied by million-dollar homeowners and their hired attorneys," Cutsinger said. "Let the kids play.”

Stadium lights or appliances?

The lights atop four wooden poles at the ball field were directly connected to the property's power grid, according to emails supplied by Country Creek.

That would have required an electrical permit, however, when code enforcement met with the church officials they told them if they disconnected the direct connection and instead connected the lights with an extension cord, the lights would be considered an appliance without the need for building permits, according to an email between Lobeck and county code enforcement.

"Lobeck, staff has reviewed, and the wood poles are not a Florida Building Code violation," Sarasota Building Official Steve Bell said. "The lights are not hardwired and are considered an appliance and are not a Florida Building Code violation."

Lobeck disputed the lights could be defined as an appliance.

"Your position that the ballfield lighting installations at 6221 Proctor Road are 'appliances' which do not require County permits and compliance with the Codes which govern the design and installation of exterior lighting, is without any even remotely arguable basis whatsoever," Lobeck emailed to Bell.

This article originally appeared on Sarasota Herald-Tribune: Youth ball field at center of dispute between neighborhood and county officials