When the third phase of the Metalworks project is constructed, it will not be 12 storeys tall.

At a meeting of the city’s committee of adjustment on Thursday, members voted 2-1 to deny Fusion Homes’ request to have the third condominium tower in the downtown development stand at 12 storeys.

According to city bylaws, the tallest a building in that area can be is 10 storeys. As well, a council decision from August 2014 also dictated that the third development would be 10 storeys.

Clifford Korman, an architect with Kirkor and the designer of the building, argued that because the 12th floor would not be residential, and instead consist of mechanical components as well as a solarium, it should be permitted.

“I will point out that, really, we’re not a 12-storey building,” he said.

“We are an 11-storey residential building. There are residential units proposed for the 12th floor. The 12th floor is going to be the mechanical floor, and on that floor, bringing elevators up to provide for an interior residential amenity solarium and a roof garden.”

However, staff said that a floor with an indoor amenity area “would likely count as a storey” under the city’s zoning bylaws.

Maria Pezzano, president of the Ward Residents’ Association, agreed with the decision, saying that a 12-storey structure in the area was too much.

“This is a humongous development, and we’re for the development. We’re not against development. But, our main thing was that this development fit into our neighbourhood,” she said.

“The decision made Aug. 25 (2014) by city council was the right decision. Just because you could doesn’t mean you should. Just because you can go up a few more storeys doesn’t mean you should.”