Carlsen v. Board of Adjustment of the City of Smithfield

MEMORANDUM DECISION

ROTH, Judge:

11 Petitioner D. Craig Carlsen challenges a decision by the Board of Adjustment (the Board) for Smithfield City (the City), recognizing an existing, nonconforming animal rights use on property (the Property) owned by Carlsen's neighbors, Dale and Margaret Smith, We decline to disturb the Board's decision.

12 In 2009, the Smiths petitioned the Board to recognize an existing nonconforming animal rights use on the Property. See Smithfield City Code § 17.16.010 (providing that "nonconforming uses" are "uses of land or structures, which although legal at the time of…