The days of the makeshift open-air food court in the Cook Street Village appear numbered.

Victoria city staff are recommending a development permit not be issued to property owner Marc Fegan to allow almost a dozen kiosks on the site at 325 Cook St. The city's planning and land-use committee has endorsed the recommendation.

About half a dozen of the kiosks, selling everything from bubble tea to fish and chips, have been operating on the lot owned by Fegan as he's worked on plans to redevelop the former dry-cleaning shop.

After a complaint about the carts in July, city officials notified Fegan he needed a development permit if food carts were going to be operated permanently on his lot.

In examining the application, city staff said the food carts bring the potential for noise and odour complaints with little room for mitigation. The kiosks also fail to meet design guidelines for the area.

Committee chairwoman Coun. Pam Madoff said the issue has generated enough interest that all of council should have a say, rather than just her three-member committee.

The reason such open-air markets are successful in other areas is there are policies to ensure they are "successful beyond their property lines as well," she said. Madoff said the city's policies regarding food carts apply to movable carts, not fixed ones.

Mayor Dean Fortin suggested the kiosk operators be notified of the city's plans through its late-night task force to establish managed taxi zones on the weekends where food carts will be encouraged.

bcleverley@tc.canwest.com