A project to create a 30-unit apartment building along Penn Avenue in Wyomissing has received a key approval.

Borough council granted the project at 915 Penn Ave. conditional use approval at their May 12 meeting. However, the borough has since acknowledged that decision could be challenged in court because the borough did not precisely follow public notice requirements.

Despite that admission, council announced in a statement released Tuesday that is not allowed to withdraw the approval.

Impacted property owners have until June 22 to file an appeal in Berks County Court.

“The borough recognizes the importance of transparency and proper notice ensures that residents, applicants, public officials and all interested parties have the opportunity to be informed, engaged and heard,” council’s statement reads. “The borough appreciates the community’s engagement and understanding as this matter is addressed.”

The conditional use application was filed by 915 Penn Avenue LLC in January for the half-acre lot on the northwest corner of Penn Avenue and Park Road currently being used as a parking lot.

It asked for relief of a zoning requirement to include first-floor office, retail, professional services or restaurant space, as well less off-street parking spaces.

According to the application, the developer is planning to build a 110,000-square-foot, four-story apartment building with 30 units: two studio apartments, 13 one-bedroom apartments and 15 two-bedroom apartments.

The site will include 32 off-street parking spaces — 13 in interior garages and 19 in an outdoor lot — less than the 45 required by zoning ordinance.