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GORGONE v. DISTRICT OF COLUMBIA BZA

No. 08-AA-231.

973 A.2d 692 (2009)

Salvatore GORGONE, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent.

District of Columbia Court of Appeals.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Simon M. Osnos, Falls Church, VA, for petitioner.

Mary T. Connelly, Assistant Attorney General, with whom Peter J. Nickles, Acting Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief, for respondent.

Before WASHINGTON, Chief Judge, OBERLY, Associate Judge, and KING, Senior Judge.

OBERLY, Associate Judge:

Salvatore Gorgone's tenant, Paul Luna, applied for a certificate of occupancy ("CO") to operate a "gourmet shop" out of the basement of a rowhouse owned by Gorgone. The rowhouse is located at 1417 17th St., N.W. in a residential zone where a "gourmet shop" is not permitted as a matter of right. The Zoning Administrator ("ZA") of the Department of Consumer and Regulatory Affairs ("DCRA") denied Luna's application, finding that any grandfathered...

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