Zoning Board of Adjustments Meeting | 09-03-26

The City of Tyler's Zoning Board of Adjustments held a special meeting on September 3, 2026, to determine whether it had jurisdiction to hear an appeal filed by Bario Resources LLC regarding a planning director's June 27, 2025 determination that a special use permit (SUP) was required for a proposed cryptocurrency mining/data center use. The board discussed procedural issues, including the timeliness of the appeal, which was filed nearly a year after the 20-day statutory deadline. The city argued the appeal was invalid due to the missed deadline, while the appellant contended that inconsistent guidance from city staff justified an equitable estoppel exception. Public comments largely supported upholding the deadline and the special use permit process. After deliberation, the board voted that it did not have jurisdiction to hear the appeal, resulting in dismissal for lack of jurisdiction. The meeting highlighted challenges in zoning interpretations related to emerging data center uses and the need for clearer city regulations.