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Dans cette affaire, le Prfet du Dpartement des Bouches du Rhne avait dlivr l’Etat un permis de construire pour la ralisation du Muse des Civilisations de l’Europe et de la Mditerrane (MUCEM) Marseille. Ce permis de construire devait toutefois tre contest au motif tir notamment de ce qu’il n’intgrait pas la ralisation des places de stationnement rendues ncessaires par son fonctionnement. Mais ce moyen devait tre rejet au motif suivant :

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Considrant que les requrants semblent soutenir que la construction du muse et du parc de stationnement destin recevoir les agents de l’tablissement et les visiteurs devaient faire l’objet d’une autorisation indivisible ; que toutefois un muse, la diffrence d’un stade ou https://www.moncleroutletssale.com d’une salle de spectacle, compte tenu du mode de frquentation qu’il gnre, n’a pas besoin qu’une infrastructure de stationnement spcifique lui soit attache ; qu’il suffit que des possibilits de stationnement proportionnes au flux prvisible de visiteurs, notamment dans un parc public proximit, soient disponibles ; que, par suite, la circonstance que le permis de construire critiqu ne prvoit pas de parking n’est pas de nature le rendre illgal.

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Mais sur ce point, la Cour devait donc valider le permis de construire contest et ce, au motif suivant :

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Considrant que la demande de permis dpose par le ministre de la Culture prcise que les besoins en matire de stationnement seront satisfaits par la ralisation d’un parking sous le mle du J4 ; que la fiche de lot concernant le muse, tablie par l’tablissement public Euromditerrane, amnageur de la ZAC, fait explicitement apparatre ce parc de stationnement ; que les plans montrent, en outre, l’accs direct du parking vers le MUCEM ainsi que les facilits prvues pour l’accs des handicaps ; qu’enfin, les requrants ne dmontrent pas, ni mme n’allguent que le parc de stationnement ne sera pas en fonction au moment de l’ouverture au public du muse ;

cheap moncler Considrant ainsi que, eu gard aux amnagements et quipements prvus dans le cadre de la ZAC, le prfet des Bouches du Rhne a pu, en connaissance de cause, dlivrer le permis de construire querell ; que le moyen tir de ce que les places de stationnement affectes au MUCEM ne sont pas mentionnes dans la demande de permis n’est pas de nature crer un doute srieux sur la lgalit de l’arrt du 27 juin 2008. cheap moncler

Pour tablir la lgalit du permis de construire contest sur ce point, la Cour a donc pris en compte un parc de stationnement raliser dans le cadre de la ZAC prvoyant galement le MUCEM objet de cette autorisation.

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En premier lieu, et comme on le sait, le principe selon lequel la lgalit d’un permis de construire s’apprcie sa date moncler outlet de dlivrance a pour corolaire que la conformit d’un projet s’apprcie au regard de ses composantes et/ou en considration des quipements existants cette date.

cheap moncler jackets sale Toutefois, comme nous avons eu plusieurs fois l’occasion de l’exposer, ce principe connait une exception puisqu’il est possible de prendre en compte un quipement futur pour autant que sa ralisation soit planifie et que ses modalits et dlais de Moncler Outlet ralisation soient arrts la date de dlivrance du permis cheap moncler sale de construire en cause. cheap moncler jackets sale

En l’espce, le parc de stationnement pris en compte par la Cour tait donc inscrit au programme d’une ZAC prcdemment arrt et dont, prcdemment galement, l’autorit comptente avait dcid qu’il donnerait lieu une dlgation de service publique.

moncler jackets outlet Il reste qu’ note sens, il s’agissait l buy moncler jackets d’lments se rapportant la planification du parc de stationnement et non pas proprement d’lments permettant de considrer sa ralisation et ses dlais de ralisation comme quasi certains. Or, si la Cour a fait tat de la signature de la dlgation de service publique se rapportant sa construction et son exploitation, il n’en demeure pas moins que cette signature tait postrieure la date de dlivrance du permis de construire attaqu. moncler jackets outlet

En outre, l’essentiel de la jurisprudence se rapportant la prise en compte d’quipements futurs avait trait aux rseaux viaires monlcer down jackets et/ou de flux alors qu’en l’espce, il s’agissait d’un parc de stationnement dont la ralisation ncessitait elle mme un permis de construire qui, a fortiori, n’avait pas t obtenu la date de dlivrance de l’autorisation attaque.

Or, il ressortait de la jurisprudence antrieure que la conformit d’un projet ne pouvait pas tre tablie en considration d’une construction raliser dans le cadre d’un permis n’ayant pas t dlivr la date d’diction de l’autorisation se rapportant ce projet. Et plus rcemment, dans l’arrt Ville de Grenoble, le Conseil d’Etat avait soulign, pour censurer l’apprciation opre par la Cour administrative d’appel de Lyon, que les deux permis de construire se rapportant l’ensemble immobilier en cause avait t dlivrs la mme date.

Toutefois, il rsulte de l’arrt prcit du Conseil d’Etat qu’il n’est selon nous plus ncessaire que l’quipement dont dpend la conformit du projet en cause ait prcdemment fait l’objet d’un permis de construire ou, tout le moins, donne lieu une autorisation dlivre la mme date que celle se rapportant ce projet.

En effet, telle moncler sale outlet qu’il avait initialement dgag, le principe selon lequel des constructions indivisibles devaient ncessairement donner lieu un permis de construire unique semblait s’expliquer non seulement par les exigences rsultant de l’ancien article L.421 3 du Code de l’urbanisme mais galement par le fait qu’en vertu du principe d’indpendance des procdures, l’administration devait tre mise en mesure de ce prononcer sur l’ensemble du projet et en avoir ainsi une connaissance complte l’examen du seul dossier de demande produit par le ptitionnaire. Or, en admettant dans l’arrt Ville de Grenoble que l’administration pouvait apprcier globalement la conformit d’un mme projet travers l’examen de demandes de permis de construire distinctes, le Conseil d’Etat a substantiellement assoupli le principe d’indpendance des procdures. Il ne semble donc pas exclu que mme lorsque les permis de construire se rapportant au projet n’auront pas t dlivrs la mme date, leur lgalit pourra tre tablie pour autant que l’administration puisse dmontrer que ds la dlivrance du premier permis elle avait une connaissance complte du projet lui permettant de le contrler dans sa globalit.

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Now she was soothing the boy in his bunk, and her husband had led Shaquem’s frightened twin brother, Shaquill, into another room as they attempted to wait out the night.

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It’s 18 years later, and on this Thursday the twins are sitting outside cheap moncler jackets at a trendy Italian place, waiting for their identical lunches and sipping ice water with lemon through identical straws.

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“People all get tackled the same,” he says, and indeed Shaquem has never had much patience for perceived limitations.

Shaquem Griffin at the Senior Bowl. (Brynn Anderson/Associated Press)

It’s part of why his performance at last month’s scouting combine was so astonishing: Wearing a prosthetic that suctions onto his wrist and is heavier than it looks, Shaquem hoped to bench press 225 pounds at least 11 times and instead completed 20 repetitions, more than some offensive line prospects. The next day, he ran the 40 yard dash in 4.38 seconds, faster than any linebacker in 15 years but identical of course to Shaquill’s time a year earlier.

Shaquem, who initially wasn’t even invited to the combine, became a social media sensation and saw his Instagram followers balloon by 150,000 over the next 24 hours. Over the next few weeks, he would dine with Hulk Hogan and chat with Charlie Sheen and FaceTime with Ric Flair. So many interview requests would pour in that Tangie had to make time to unload a full voice mail inbox.

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Shaquill was born 60 seconds before Shaquem, and that makes him the older brother, and that makes him the protector. He is calculating, organized, cautious. Shaquill was the brother who, in high school, would beat on Shaquem’s door buy moncler jackets to keep him from oversleeping; the toddler who, in day care, once smacked a girl for calling his brother “Picklehand”; who, now as an adult, is a Type A worrier who warns that his brother’s newfound fame has led him to skip meals and cut into his sleep.

“I was the responsible one,” Shaquill says, and during this lunch moncler outlet he will remind his brother playful, spontaneous, free spirited of an upcoming call with Nike, about the dangers of wasting free time, how NFL players must learn to protect themselves.

Shaquem rolls his eyes. Sometimes things just work out, and the last six weeks, and maybe his entire life, are examples of that.

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