Church converted warehouse within industrial area and held services. In 2002, Abundant Life Alliance Church of New York bought a condo warehouse unit located within the College Point II Urban Renewal Area in Queens to operate a church. At the time of purchase Abundant knew there were restrictions on the warehouse’s use: the urban renewal plan did not list churches as a permitted use, the deed contained a restrictive covenant that required Abundant to comply with the industrial development plan, and finally, the condo offering plan restricted use to M1-1 zoning. Nevertheless, Abundant converted the warehouse interior without the required permits and began holding religious services.

In January 2003, the Economic Development Corporation requested that College Point Plaza take action to block Abundant’s unpermitted use. Shortly thereafter, Abundant filed a land use review application with the Planning Department, seeking to amend the urban renewal plan, and a variance from the M1- 1 zoning regulations. Before the Planning Department responded, EDC sued Abundant to stop it from operating the church. Abundant countered that the EDC was violating the church’s constitutional right to free worship and assembly. In the meantime, the Planning Department rejected Abundant’s application, stating that an application to amend the urban renewal plan had to include the EDC as co-applicant. (read more…)