Nerhan

Appellant Keet Nerhan, doing business as KN Properties (Nerhan) appeals the dismissal of his petition for writ of mandate to compel granting of a zoning variance. Respondent Stinson Beach County Water District’s demurrer was sustained without leave to amend on the grounds that the petition failed to state a claim because appellant did not own the subject property. We conclude the appeal is premature under Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725 [ 29 Cal.Rptr.2d 804 , 872 P.2d 143 ], and dismiss.

Procedural History and Facts

Prior to bringing the instant petition for writ of mandate, appellant owned a parcel of real property in Stinson Beach utilized as a retail gasoline service station. Appellant submitted applications to recondition and reconstruct the gas station, and replace the existing sewage system. After respondent approved appellant’s preliminary application, it was determined that the proposed conventional septic system design could not be constructed due to soil contamination. Thereafter, appellant applied for a variance to install an above-ground sewage holding tank for disposal of waste water. At its February 20, 1993, hearing,…