Data center appeal: Board of Adjustment reviews jurisdiction to hear Tyler zoning dispute
The Tyler Zoning Board of Adjustment is reviewing its jurisdiction to hear an appeal from Barrio Resources, a developer planning a cryptocurrency mining data center. The city argues the appeal was filed significantly past the legal deadline. A resident is also opposing the appeal being heard.
The Tyler Zoning Board of Adjustment recently held a hearing to determine if it has the legal authority to consider an appeal filed by Barrio Resources, a developer proposing a cryptocurrency mining data center in Tyler. Planning and Zoning Director Kyle Kingma recommended dismissing the appeal, stating it was filed nearly a year beyond the legally allowed window, which is either 20 or 30 days under state and city law.
City Attorney Steven Kean supported this view, arguing that a late filing automatically strips the board of its jurisdiction, leaving no choice but dismissal. He emphasized that in this specific case, the appeal deadline was not met, and therefore the board lacks the authority to proceed.
Amanda Mosley, a local resident living near the proposed data center site, expressed her belief that the developer's late appeal should not be heard. The Zoning Board of Adjustment is scheduled to officially vote on whether to hear the developer's appeal at its next hearing on September 3rd.