Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 10, 2025
CASE NO(S).: OLT-24-000524
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dan Pogue
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an amendment to the comprehensive zoning by-law to allow for an accessory building to be used as a sauna and indoor storage.
Reference Number: Z5-22
Property Address: 1965 Crystal Beach Avenue
Municipality/UT: Shuniah/Thunder Bay
OLT Case No.: OLT-24-000524
OLT Case Name: Pogue v. Shuniah (Township)
Heard: March 26, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Dan Pogue | Self-represented* |
| Municipality of Shuniah | Did not appear |
| Beverley Dolcetti | Anthony Russo |
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON MARCH 26, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1The matter before the Tribunal concerns an Appeal filed by Dan Pogue (the “Applicant/Appellant”) against the Municipality of Shuniah’s (“Municipality”) refusal of a Zoning By-law Amendment (“ZBA”) Application pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, (“Act”) to permit the construction of a sauna/storage area in front of the dwelling at 1965 Crystal Beach Avenue (“Property”).
2This is the second proceeding regarding this Appeal. The first hearing was converted to a Case Management Conference (“CMC”) when it was determined that the Applicant/Appellant did not provide an Affidavit of Service to the Tribunal confirming notice as per the Tribunal Rules.
3The Municipality of Shuniah confirmed that they would not be participating as a Party to the Appeal but their Clerk, Kerry Bellamy attended to assist the Tribunal if required.
4At the 1st CMC, the Tribunal directed the Applicant/Appellant to access the support of the Clerk of the Municipality and with the assistance of the Tribunal’s Case Coordinator set a new date for these proceedings and ensure that the Tribunal Rules are followed relating to the provision of notice.
5The Tribunal scheduled a one-day hearing to be held by Video on Wednesday, March 26, 2025, commencing at 10 a.m.
HEARING - MARCH 26, 2025
6The Tribunal was informed at the beginning of these proceedings that while the Applicant/Appellant had provided notifications to all appropriate property owners/individuals based on a list provided by the Municipality, he did not provide the Tribunal with an Affidavit of Service, as is required by the Tribunal Rules.
7As a result, the proceedings were converted to a second CMC and the Applicant/Appellant was directed to provide the Affidavit of Service to the Tribunal by Monday, March 31, 2025.
8Party Status was granted to Beverley Dolcetti with the consent of the Applicant/Appellant. In her Application for status, she raised concerns regarding the environmental impact of the proposal and submitted that the information provided by the Applicant/Appellant contained omissions and errors.
9The Applicant/Appellant provided an Affidavit of Service, dated March 26, 2025, and signed by Clerk Bellamy of the Municipality of Shuniah, to the Case Coordinator following these proceedings.
10The Tribunal, with the consent of the Parties, directed that there would be no additional evidence submitted related to these proceedings following this CMC.
11The Tribunal scheduled a one-day hearing to be held by Video on Wednesday, April 16, 2025, commencing at 10 a.m.
12Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
13Individuals are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
14Individuals who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16The Member is seized.
ORDER
17THE TRIBUNAL ORDERS THAT:
- A Hearing occur as per the details outlined above beginning at paragraph [11].
“Gregory J. Ingram”
GREGORY J. INGRAM MEMBER
Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.