District of Columbia Court of Appeals June 11, 2009, 08-AA-231 (Gorgone v. District of Columbia Board of Zoning Adjustment)

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.