2002-8-21
Springwoods Municipal Utility District
c/o ECO Resources
Margaret Wingrove, Contract Manager
9511 Ranch Road 620 North
Austin, TX 78726-2908
CC: Robin Sussman (Restrictive Covenants Assistant), Springwoods Municipal
Utility District
Dear Margaret Wingrove:
This letter is in response to a letter we received on 2002-8-7 from
the Springwoods Municipal Utility District (dated 2002-8-1) and Lisa's
phone conversation with Robin on 2002-8-12. This letter stated our
property was in violation of the restrictive covenant titled "3.08 Maintenance",
specifically "Maintenance - Mowing Needed."
After reading the covenant titled "3.08 Maintenance" we believe we
are not in violation and our property not in need of mowing. Our property
contains a garden that is cultivated, pruned, and free of trash and other
unsightly material. Thus our garden meets all of the requirements of
the restrictive covenants and no mowing is needed. A requirement of
lawn grasses and mowing is not stated in the referenced restrictive covenant.
We would like to receive written notice that we are not in violation
or that we are still in violation along with an extension to the date of
the next Board meeting.
Our property contains a naturalistic garden containing exclusively
native Texan plants and wildflowers from the central Texas region. Each
plant in the garden has been selected specifically by us and planted or
grown from seed. We can identify every plant in our garden, and most
plants are listed in native plant gardening books. We control any
noxious weeds that appear, which have consisted mostly of Johnson Grass
and Poison Ivy.
Since we suspect some confusion occurred, we have added several features
to the property to make it more obviously a garden. We added two
paths of limestone stepping stones surrounded by decomposed granite sand.
We added a copper birdbath and additional hardscape in the form of
limestone rocks. We added two trellises for vines and an arbor for
the honeysuckle. We added Mexican pottery with dried Twist-leaf Yucca
stalks to the porch. We moved our certified Texas Parks and Wildlife
Wildscape (#1413) and National Wildlife Federation Backyard Wildlife Habitat
(#25162) signs forward to make them more visible. We also added identification
labels to individual plants near the sidewalk.
We have received no complaints from our neighbors. In fact,
we have received many questions and compliments from our neighbors. The
comments include: "That plant has the most beautiful blooms. It makes
me think I am on a tropical island like Hawaii. That would be great
if you grew one for me!" "What was that one tall plant with the red
flowers? I want to add some to my property." "You spend so
much time and hard work in your garden." "The path you added looks
really good." "Where did you get that limestone? We really like
it." "We get to see lots of different birds due to your garden." "We
visit almost every morning."
Perhaps the garden was confused with overgrown weeds because most plants
are not currently blooming but are green and lush? Blazing Star
(Liatris mucronata), about to bloom in an explosion of purple to attract
migrating Monarch butterflies, might have be mistaken for tall grass. Our
water-conserving landscape is Xeriscape and requires no supplemental watering,
unlike non-native lawns and exotic plants. The native plants in
our garden conserve their energy until natural rainfall occurs, then afterward
burst into bloom. Our garden is also much more environmentally friendly
than exotic plants or standard lawns since it requires no pesticides or fertilizers
and no air-polluting lawn mower, and it provides food, water, and habitat
for small creatures such as butterflies, dragonflies, anoles, lightning
bugs, toads, and birds.
"The landscapes of homes can be complemented by, if not completely
replanted in, native species, " said Lady Bird Johnson. "My hope
for what lies ahead in the field of landscape design--our own and that
of the professionals--is not a revolution against the use of non-natives,
but a resolution to educate ourselves about what has worked for Mother
Nature through the ebb and flow of time, and to put that knowledge to
work in the planned landscapes that are everywhere a part of our lives."
It is in this spirit we have created our natural native plant garden.
Our natural garden also has educational and scientific value. We
have provided bulbs of Nutall's Camas from the garden to the University
of Georgia Herbarium for chromosome research. We have also provided pictures
of Prairie Rose from the garden to the Committee on the Status of Endangered
Wildlife in Canada of the Government of Canada for use in a report on threatened
species and on their web site.
We would like to give the inspector a tour of our garden and explain
the benefits of gardens, habitat gardens, and native plants during reinspection.
Afterward, we would also like to receive written notice that our garden
is not in violation of restrictive covenant "3.08 Maintenance" and that
the MUD or its agents will not be mowing our property or conducting any
other maintenance in regards to this notice. If we must speak with
the Board of Directors about this matter instead, we wish to receive a written
extension of the violation notice up to the date of the next Board meeting.
If this is unacceptable, we would like to receive written notice that
our property is still in violation so we can attempt to reach a mutually
acceptable solution and, if unsuccessful, proceed with legal action.
Enclosed with this letter you will find additional information related
to natural landscapes. We look forward to hearing from you and reaching
a mutually acceptable solution.
Sincerely,
Lisa and Jason Spangler